Gold & Witham Articles Charged with a LA DUI?

Charged with a LA DUI?

By Gold & Witham  Feb. 13, 2011 11:30a

Thanks to recent efforts from lobbyist groups, prosecutors and courts in Los Angeles have stepped up the pressure on defendants accused of DUI offenses in an attempt to appear tough on crime. Even for a first time offense with no prior history and no other related criminal charges, you could be facing serious consequences. In the event you are charged with a DUI, it is critical that you educate yourself.

The Laws

California's Vehicle Code outlines two drunk driving crimes:

  • 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.

  • 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Though technically only one law, prosecutors will often charge defendants with both of these offences. It is possible to be convicted for both, though you can only be punished for one.

DUI Punishment - First Offense

Depending on the specific court you are sentenced at, the local rules and procedures for DUI charges can vary. The typical penalties, however, can be generalized as follows. The severity of your punishment will change depending on whether this is a first time offense, second time offense, or third or more. For a first time DUI with no previous criminal record and a blood alcohol content level below .20%, the maximum penalties can be:

  • Proof of enrollment in and completion of a level 1 Alcohol Education Program
  • A $100 "mandatory contribution" to the California State Restitution Fund
  • Summary probation for up to five years
  • A fine totaling $2,750
  • 6 months license suspension
  • 6 months in county jail

Second Offense

The second DUI offense carries a significant increase in penalties, including all that listed above, plus 10 days in county jail at minimum, a 30 day car impound, an 18 month license suspension, and up to 1 year in jail.

Third Offense

For three DUI offenses or more, you will face severe penalties. This includes anything listed above, in addition to having your license revoked for up to 4 years. This revocation is mandatory, as is completion of a 30-month alcohol abuse treatment program. You will also face a minimum of 120 days in county jail, with a maximum of 4 years.

Seek a DUI Attorney Immediately

With all the potential penalties you face, it is crucial you seek help from an experienced source. Legal professionals who specialize in DUI cases can make all the difference. By working with a DUI lawyer from our firm at Gold & Witham, you can trust that you will be given the legal aid that you deserve as you fight for your desirable result.

Do not hesitate to contact a Los Angeles DUI Attorney at Gold & Witham for a free consultation today!

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