Would you be surprised to learn that more than 200,000 drivers were arrested for DUI offenses in California last year? Many of these people were first-time offenders. Many of them believed that since it was their first time being arrested and / or charged with a DUI, the best option was to plead guilty without working with an attorney.
The truth is that with such a high number of DUIs, state lawmakers have taken steps to make even a first-time offense much more significant penalty-wise. If you have been charged with a first DUI, do not plead guilty without talking to a criminal defense attorney. Even if you failed a breathalyzer. Even if you believe you were caught red-handed, it is worth requesting a free legal consultation from an attorney.
Civil Penalties Happen Right Away
The criminal penalties for your DUI will be determined in a courtroom once the prosecutor has proven that you are guilty. However, the civil penalties happen right away. As soon as you are arrested, the DMV is notified and your license is suspended. You have ten days to request an administrative hearing to fight this suspension. If you do not file the request in time then your license will continue to be suspended until your case goes to court.
The Criminal Consequences Can Be Severe
You will also face criminal consequences due to your DUI. For a first-time offense, this can include up to $1,000 in fines, six months in jail, four-month license suspension, and probation. You may also be required to complete an alcohol awareness program, which can last up to 30 months. You will be required to maintain SR22 auto insurance, which is very expensive, for at least three years after you are legally able to drive again.
The Prosecutor Must Prove 3 Elements to Convict
In order for the prosecution to get a lawful conviction, they must prove three things:
- The officer who arrested you had probable cause to stop you. For example, you ran a red light or were speeding.
- You had an illegal BAC level or you refused to take a chemical test.
- That your arrest was lawful.
In order to defend you, we do not need to prove that all of these are faulty – we must only prove one. For example, if you failed a breathalyzer test but we can show that there was not probable cause to arrest you, then your charges should be dismissed.
On the other hand, if there is evidence to support all three claims then your DUI attorney can fight for the most favorable outcome. This could include a diversion program that does not require jail time and has significantly lower penalties. To learn what your options are, contact Chambers Law Firm at 714-760-4088 for a free case evaluation.
