Would you be shocked to discover that over 200,000 drivers in California were arrested for DUI last year? Many of the persons who were arrested were first-time offenders. Because it was their first time being arrested and/or charged with a DUI, many of them thought that pleading guilty without consulting an attorney was the best option.
Because of the large number of DUIs, state legislators have taken efforts to make even a first-time violation considerably more serious in terms of penalties. If you’ve been charged with your first DUI, consult with a criminal defense counsel before pleading guilty. Even if you didn’t pass a breathalyzer test. Even if you feel you were caught red-handed, a free legal consultation with an attorney is worthwhile.
Civil penalties are immediate
Once the prosecutor has established that you are guilty, the criminal penalty for your DUI will be decided in a courtroom. The civil fines, on the other hand, are imposed immediately. The DMV is alerted as soon as you are arrested, and your license is suspended. To challenge the suspension, you have 10 days to request an administrative hearing. If you do not submit the request in a timely manner, your license will be suspended until your matter is resolved in court.
The legal consequences could be serious
You may potentially face criminal charges as a result of your DUI. For a first violation, fines of up to $1,000, six months in prison, a four-month license suspension, and probation may be imposed. An alcohol awareness program, which may run up to 30 months, may also be needed of you. After you are legally permitted to drive again, you will be forced to keep SR22 auto insurance, which is quite expensive, for at least three years.
To convict, the prosecutor must prove three elements
The prosecution must show three elements in order to get a legal conviction:
- You were stopped by an officer who had probable reason to do so. You may have, for example, run a red light or been speeding.
- You had an unlawful blood alcohol concentration (BAC) level or you refused a chemical test
- Your detention was legal
To defend you, we don’t need to show that all of these are incorrect; we just need to show one. If you failed a breathalyzer test but we can prove that there was no reasonable cause to arrest you, the charges should be dropped.
If there is proof to support all three allegations, on the other hand, your DUI lawyer can argue for the best possible conclusion. This might involve a diversionary program with no prison time and considerably reduced fines. Call Chambers Law Firm at 714-760-4088 for a free case review to learn more about your options.
