DUI Drunk Driving
DUI Penalties in California
What are the penalties for a DUI?
A DUI arrest is a serious allegation and it must not be taken lightly. Those arrested for DUI are usually charged with two separate violations.
Driving under the influence in California violates Vehicle Code section 23152, subdivision (a). Driving under the influence may also entail driving with a Blood Alcohol level of .08% or higher.
Requesting an APS Hearing
You have only 10 calendar days to contact the DMV to request an Administrative Per Se Hearing (APS). If you fail to effectively request an APS Hearing, then your license will be suspended. An APS Hearing is entirely separate from your criminal case and different rules and standards of proof apply.
Typical DUI Penalties
Pleading “Guilty” or “No Contest” to a DUI or DUI-related offense may result in severe penalties that may extend beyond the court system. For example, if you plead No Contest to a DUI, you may lose your ability to keep your trucking job. Anyone who drives as part of their job needs to be very careful when hiring an attorney to deal with a DUI.
Multiple DUI Convictions
Being convicted of multiple DUI will guarantee you time in jail. Certain courthouse are give lighter DUI penalties while other courthouses and counties have a reputation for being more punitive. Having an experienced DUI attorney can be of tremendous help, regardless of whether it’s your first DUI or your 3rd or 4th DUI.
Contact Attorney Cook today for a free consultation. 562-209-1114
This charge can be filed as an infraction 14601.1 (a) or as a misdemeanor. The consequences can vary significantly depending on how the charge is filed. If your license was suspended because of traffic tickets, a prosecutor may reduce your charge from driving on a suspended license to the charge to driving without a license VC 12500(a) if you get your actual (physical) license back and show it to the court. A seasoned attorney can help you with this.
If your license was suspended pursuant to a DUI conviction, then jail time and fines may be required. However, pleading guilty to ‘quasi-criminal’ charges such as driving on a suspended license requires consultation of a seasoned criminal defense attorney first. Don’t take the first offer/plea bargain because you are tired of going to court. Hire an experienced attorney to go to court for you. I can tell you when you need to plead no contest or guilty and when it is advisable to fight.
Contact Errol L. Cook who has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case