Download - First DUI Offense In California

First DUI Offense In California

What Happens Now?

In California, a person arrested for a first offense DUI potentially faces both administrative and criminal penalties.

Administrative Penalties

•  License suspension by the DMV for at least 4 months.

Administrative Penalties:

•  License suspension by the DMV for at least 4 months. • Mandatory completion of an alcohol assessment or

treatment evaluation, which is also required for your license to be reinstated.


•  License suspension by the DMV for at least 4 months. • Mandatory completion of an alcohol assessment or


• Mandatory installation of an Ignition Interlock Device

in pilot counties.


•  License suspension by the DMV for at least 4 months. •  Mandatory completion of an alcohol assessment or


•  Mandatory installation of an Ignition Interlock Device in

pilot counties. •  License reinstatement, including a restricted license ,

requires SR-22 insurance coverage.


Criminal Penalties

Criminal Penalties:

• Maximum six months in a county jail.

Criminal Penalties:

• Maximum six months in a county jail. •  Fines will be no less than $390 and no more than

$1,000 plus penalty assessments which will cause fine to increase 5-6 fold.

Criminal Penalties:

• Maximum six months in a county jail. •  Fines will be no less than $390 and no more than

$1,000 plus penalty assessments which will cause fine to increase 5-6 fold.

•  Probation of no less than three (3) years and no more

than five (5) years, during which you can violate no law, among other restrictions.

Criminal Penalties:

•  Maximum six months in a county jail. •  Fines will be no less than $390 and no more than $1,000

plus penalty assessments which will cause fine to increase 5-6 fold.

•  Probation of no less than three (3) years and no more than

five (5) years, during which you can violate no law, among other restrictions.

•  Conviction of a DUI will remain priorable for 10 years.

Criminal Penalties:

•  Maximum six months in a county jail. •  Fines will be no less than $390 and no more than $1,000 plus

penalty assessments which will cause fine to increase 5-6 fold. •  Probation of no less than three (3) years and no more than five

(5) years, during which you can violate no law, among other restrictions.

•  Conviction of a DUI will remain priorable for 10 years. •  Completion of a DUI program for three, six, or nine months.

Can Penalties Be Reduced?

YES

Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5),

Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5), • A Dry Reckless (Vehicle Code 23103),

Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5), • A Dry Reckless (Vehicle Code 23103), • An Exhibition of Speed (also known as a Speed Ex

(Vehicle Code 23109(c) ),


(Vehicle Code 23109(c) ), • Drunk in Public - Penal Code 647(f), or


(Vehicle Code 23109(c) ), • Drunk in Public - Penal Code 647(f), or • General Traffic Infractions.

Can Penalties Be Enhanced?

YES

ENHANCEMENTS: •  For A Breath Test Refusal

▫  48 hours in the County Jail,


▫  48 hours in the County Jail, ▫  Mandatory one (1) year license suspension, and


▫  48 hours in the County Jail, ▫  Mandatory one (1) year license suspension, and ▫  Nine (9) month alcohol program.

ENHANCEMENTS: •  For Excessive Speed

▫  60 Days in the County Jail

ENHANCEMENTS: •  For Child Endangerment

▫  48 hours in county jail


▫  48 hours in the County Jail ▫  Possible additional charge of child endangerment


▫  48 hours in the County Jail ▫  Possible additional charge of child endangerment ▫  Possible one (1) year parenting class.

ENHANCEMENTS: • High BAC

▫  Nine (9) month alcohol program

Contact The Aizman Law Firm

(818) 351-9555 www.aizmanlaw.com