What Are The Consequences Of A California DUI?

November 16, 2022

What Are the Consequences of a California DUI?

Let’s take a few moments to talk about DUIs in Irvine, California. We all have heard the risks and the problems associated with drinking and driving. But have you really considered what you could face if you make that choice?


Driving under the influence is never the right thing to do. But if you’re facing DUI charges, you’ll need to work with an experienced attorney in California.


The following guide is meant to provide you with the basics of what happens if you are arrested and charged with this offense. Use this information to learn more about the sorts of consequences you may face in these circumstances.


What to Expect After a DUI Arrest in California

If you have been arrested and charged with a DUI, you will have to defend yourself against both the prosecutor and the DMV. The DMV will attempt to suspend your driver's license due to the criminal charges. The prosecuting attorney will attempt to convict you on multiple charges related to DUI.


After being booked and processed, you will likely spend at least a few hours in jail. If this is your first offense with no injuries to other parties, you probably will not need to post bail for release. Those who have prior offenses may need to put up bail to get out of jail.


Driver’s License Suspension Information

Once you are released from jail, several other processes will begin through the California DMV. This is known as the Administrative Per Se Hearing.


Unless you take action to stop this process, your driver's license will be suspended 30 days after your arrest. You have up to 10 days to schedule an official hearing to contest this automatic suspension.


If you request your hearing within the designated time, you will get a stay of the suspension. You can continue to drive until the date of the hearing. The official hearing may come anywhere from a few weeks to a few months from when you initially requested it.


During the hearing with the DMV, you have a fairly low chance of winning the hearing on your own. Usually, the police procedures will have all the evidence they need to prove their case. This is why working with an experienced California DUI attorney is crucial.


The length of your license suspension will vary based on multiple factors. First offenses typically carry a four-month suspension for regular drivers who took a test confirming the DUI.


More serious offenses, like commercial drivers with multiple DUI convictions, could face much worse consequences. You could even face a lifetime driving ban in California under some conditions.


Restricted Driver’s License

If you do receive a driver's license suspension, you may not be completely out of luck. If this is your first DUI offense, it is possible for you to get approved for a restricted license.


Restricted licenses allow you to drive under two conditions:


  1. Driving yourself both to work or a job site and back
  2. Driving to and from a treatment facility, recovery meetings, or other similar activities


The conditions to get this license approved are quite strict in California as well:


  • You must be at least 21.
  • You must have okayed a chemical test to confirm the DUI.
  • If there was an accident due to a DUI arrest, there shouldn't be any injuries.
  • You must provide proof of insurance to the DMV.
  • You must enroll in the AB541 first-time alcohol offender program.
  • You also have to pay re-issuance fees to the DMV (usually $125).


Other Impacts of First-Time DUIs

You can also expect all of the following for your first DUI offense (all of this information can be obtained from the California DMV site):


Fines

You will likely see fines ranging anywhere from $390 to $1,000. You will also be assessed other penalty amounts to pay, which are based on the circumstances of your case.


Jail Time

Besides your initial time in jail, first-time offenders do not typically face longer jail penalties. However, you could endure anywhere from 48 hours to six months once the dust settles.


Probation

The length of your probation is commonly set to three years for a first offense. You could see that extended up to five years, though.


This probation term will also require you to register and attend a DUI school for 30 hours of coursework. More aggravated DUIs (a 0.20% BAC or higher) require longer classes at 60 hours.


When to Seek Legal Help

These represent the basics of DUI consequences. Second or third+ DUIs will increase the penalties you will face. The same is true if your DUI was exacerbated due to an accident, injuries, higher BAC numbers, and other factors.


No matter the case, you’ll see fines, license suspension, probation, jail time, and lots of time invested in classes and other meetings.


In short, you’ll want to avoid these convictions if you can. But if you’re facing this situation in Irvine, California, it’s imperative to contact a DUI attorney today. They understand the process from start to finish. And they can help you get to the other side of the issue in one piece.


Contact us today for a consultation and to learn what options you may have available.

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