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California – What happens when you get a DUI
by: H. Gillogly
This is one of the most common questions asked to DUI lawyers. When you ask lawyers this question, you do not always get straight answers because every circumstance is different. According to DUI.com the most common penalties are as followed.
$1200 fine
3 years probation
3-5 days sheriff work alternative program
4 months suspended license
First offender school
When a driver in the state of California is arrested for driving under the influence of alcohol their drivers license is immediately confiscated by the police and then served with the DMVs Notice of Suspension. This will formally suspend their license, provide temporary driving privileges for 30 days and will also explain some aspects of the applicable law. In addition, it states that there is a right to contest the suspension and force the DMV to return the license as long as the DMVs Local Driver Safety is contacted by the attorney within 10 calendar days of the arrest.
A drivers license is immediately suspended if their blood alcohol level is above .08% (or above .01% for drivers under 21 years of age) or if they refuse to take a chemical test. If the driver is from another state other than California, then the officer has no right to seize their license. However, the officer will issue a Notice of Suspension which suspends the drivers license in the state of California (after 30 days) from driving. If there is a conviction in court, the state of California will contact the home state of the convicted party, and that state will usually suspend their license the same way they do it there.
Ramification of Getting a California DUI
First off getting a DUI will cost you money.
First offence: $390 - $1000 plus local fees, penalties and assessments for total of $1300 - $3500. This doesnt include any lawyers fees which can be from $500.00 to $15,000 depending on if youre in a small town or large metro area. Generally speaking the more experienced the lawyer (and you want an experienced lawyer) the more it will cost.
There are social ramifications of getting a DUI as well. A charge of DUI/DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Some employers may decline in hiring someone because of a felony level DUI.
Ask yourself before getting behind the wheel after drinking if its really worth it. Based on the above a cab ride home is downright cheap. Be safe not sorry.
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About The Author
This article can be freely reprinted as long as this resource box and all links stay intact.
Kerry L. Steigerwalt is one of the most successful and prestigious criminal defense lawyers in San Diego. If you have been convicted of a DUI please visit us at http://www.sddefenselawyers.com
This article was posted on September 14, 2005
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