California Driving Under Influence 1st, 2nd, 3rd and 4th Offense Attorney
What you need to know about being cited for Driving Under the Influence in California!
In California, if you have been convicted of driving under the influence and it is your first offense, the penalty can be less harsh, but that does not mitigate the seriousness of the offense and what it will do to your record. The penalty can still carry jail time, a license suspension, and a hefty fine. Do not face this charge alone, let Weber Law help you today!
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California Driving Under the Influence Charges and Penalties
What is Driving Under the Influence?
In California, under § 23152 of the California Vehicle code, it is unlawful for a person to drive a vehicle who is under the influence of any alcoholic beverage. If the person has .08 percent or more, according to their weight, of alcohol in his or her blood to drive a vehicle, then they can be charged with driving under the influence. Additionally, if you are driving a commercial motor vehicle it is unlawful for you to have a .04 percent or more, by your weight, of alcohol in your blood.
What is the Punishment?
Punishment for the first offense of driving under the influence is imprisonment in the county jail for not less than ninety-six hours, at least forty-eight hours of which shall be continuous, nor more than six months, and by a fine of not less than $390.00 and not more than $1,000.00. Additionally, a license suspension can be invoked, with the option for an ignition interlock device.1
Depending on your past criminal history, and the severity of your blood alcohol level at the time of testing, probation can be considered instead of jail time. Getting a sentence reduced is something Weber Law can effectively fight for you but is difficult to do without an attorney.
A sentence reduction can include enrolling and participating in a driving-under-the-influence program or completing volunteer work with a revocation of probation if the offender does not provide proof of enrollment and completion within the set time.2 Weber Law can help fight for the option that is right for you.
Second offense will come with a jail time that will range from a minimum of four days to a maximum of six months. Longer DUI classes, 18 to 30-month classes. 2-year driver’s license suspension. The court may also impose an Ignition Interlock Device (IID) requirement not to mention an increase in fines.
Third offense will come with a jail time that will range from a minimum of 120 days to a maximum of 12 months. It will carry over the same DUI classes as 2nd offense. 3-year driver’s license suspension. The court will also require an Ignition Interlock Device (IID) requirement on any vehicle driven by the defendant. Significant increase of fines from 2nd offense.
The fourth offense will come with a jail time that will range from a minimum of 180 days to a maximum of 3 years. It will carry over the same DUI classes as 2nd offense. 4-year driver’s license suspension. The court will also require an Ignition Interlock Device (IID) requirement on any vehicle driven by the defendant. Significant increase of fines from 3rd offense.
There are penalties that reach further than the criminal justice system which include losing potential jobs that require a driver’s license or losing your current job that requires a driver’s license.
What is an Ignition Interlock Device?
An ignition interlocking device (IID) restricted license can be requested from the DMV. An IID is installed in your car and measures the breath alcohol content of the driver before the vehicle will start. The device can also periodically require additional breath samples during vehicle operations. If any alcohol is detected by the device, the car will not start or will not continue normal operation.3
If you are ordered to use an ignition interlock device, you may only operate vehicles that have an ignition interlock device and cannot tamper with the device at all. The period that the IDD will be required varies, as does the cost of installation.
Even as a Defendant, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights, and it is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction. Do not try to fight these charges on your own—Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been arrested on a driving under the influence charge. We offer a free confidential case evaluation – serving Los Angeles and the surrounding areas.
How Can WEBER LAW Help You?
If you have been charged with driving under the influence in the State of California, there are a few ways Weber Law can fight for you, including getting an interlocking device in your car, so you don’t lose your privilege to drive. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back on the road.
If you have been cited for driving under the influence, let Weber Law fight for you. There are many defenses including it being your first offense, your blood alcohol level, and the circumstances under the traffic stop, (ie: was an accident involved, was anybody hurt, etc.). Weber Law will work to potentially get your citation reduced to something like reckless driving or help you to keep the charge off your record.
The court room can be an intimidating place, let Weber Law help take the stress and worry out of your criminal charges. You do not want to face these charges alone. These charges can mean you face serious jail time, lose your license, and face a mark on your record.
If you or anyone you know has been charged with driving under the influence and you are not sure what to do next, contact Weber Law today for your consultation.
CA Vehicle § 123152, Driving Under the Influence
A Los Angeles, California Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
80 South Lake Ave. Ste. 590, Pasadena, California 91101