There are a few things that happen which cost, both, time and money, whenever you are convicted for drunk driving in the state of California
Drinking and driving is a major crime in the United States and it is usually considered a criminal offense and a breach of traffic rules. Restoring your driving privilege after being convicted of driving under the influence demands additional expenses.
Court trials and charges are simply the preliminary costs DUI offenders face. In most states, it also requires the additional cost of drinking assessment, DUI school, treatment for those with drinking issues, increased insurance premiums and the cost of installing an Interlock Ignition device.
However, you are innocent until your guilt has been undoubtedly proved by the prosecutors. But you can easily get your DUI case dismissed by simply employing the help of a professional DUI attorney like Samantha Greene, who uses legal arguments, motions and justifications which is usually not influenced by your legal BAC limit.
First time DUI offenders are likely to be curious, therefore, below are some frequently asked questions and their particular responses.
1. What happens if this is your first DUI and you’re still underage?
California operates a law that tolerates nothing and your level of state law violation depends on the estimated amount of alcohol in your bloodstream even if you’re still below the age of 21 at the time you were arrested.
2. What is a minor DUI offense in California?
If the defendant does
not have any previous DUI offense on the criminal record of the defendant or
has not been involved in a DUI accident that led to severe harm or death, the
DUI can be convicted of minor wrongdoing.
Additionally, if the defendant did not participate in any death relating
accident or not a fourth offense or commit an additional offense within 10
years, the DUI would also be convicted as minor wrongdoing.
3. What if you work as a professional driver and it was your first DUI?
Professional drivers
have been prohibited from driving a vehicle if the BAC limit is at a minimum of
0.04%.
4. Is a first time DUI offense considered a crime or minor wrongdoing?
A first time DUI offense
is considered minor wrongdoing as long as there is no severe harm or death
which can make it become a criminal offense.
5. Under what condition can DUI punishment be increased?
There are a couple of
conditions that can amplify the punishment associated with a DUI, for instance,
moving above 20mph than the required speed limit, traveling with an underage
passenger, below 14 years, a BAC limit of 0.15% and causing major damage or
even loss of life
Causing the loss of life of an individual is a criminal offense carrying a
sentence of at least 10 years in jail.
6. What is the initial appearance in court for a DUI case?
Your first appearance in
court in a DUI case is where you will be called to an indictment and be
requested to plead your guilt, innocence or nolocontendre, which implies no
contest.
Employing the services of a professional DUI attorney is required to achieve an
expected result.
7. When will my blood or BAC test arrive?
Following your BAC test,
a copy of the grievances will be given to your attorney and the prosecutor who
will present it during the trial together with the report of the police and any
relevant document about your case.
In case you were in support of a blood or breath test, it will also be shown in
the report. The date of your next trial will then be decided by the presiding
judge which is a pre-trial meeting.
8. Can a DUI case get dismissed?
Different methods can be
implemented to dismiss a DUI conviction by the prosecutor for the absence of
any tangible reason to stop or arrest you for drunk driving in the first place.
Additionally, if the prosecutor can provide little or no proof that points to
the fact that you were drunk driving, driving under influence or driving the
vehicle when you were arrested.
You can also get your case dismissed if your attorney can influence the court
to remove an incriminating proof that can be used to convict you through a
motion.
9. Is there any possibility of a reduced sentence if it is a first time DUI offense?
First-time offenders are
usually being offered a reduced sentence by prosecutors as opposed to
situations where there is a track record of DUI.
10. What is the possible jail time for DUI?
First-time DUI offenders
are usually sentenced to 2 days in a prison cell and an additional 2 days if
the BAC test is rejected.
The court will enforce the required minimum time in time for every subsequent conviction.
The punishment for a DUI conviction if severe damage or death is caused is a
lot more extreme. The highest time for a first time minor wrongdoing is about
180 days in county prison, but a criminal offense carries many prison years in
a state penitentiary.
11. What is the penalty for a first time offender?
The normal punishment
for a first time DUI offender is a prison sentence of 2 days, which can be over
the weekend or can be exchanged for community service, 3 to 5 years summary
probation, a compulsory charge between $390 to $1000 together with a penalty
evaluation.
Offenders are also required to participate in a DUI program between 3 to 9
months and have their license revoked for about 6 to 10 months.
12. Will your license be instantly revoked after being arrested for DUI?
The license of a driver will not be instantly revoked following a DUI conviction because they will be offered a 30-day temporary license after they have been notified of the plan of the DMV to revoke their license.
You will be given about 10 days to demand an Administrative PerSe hearing to stop the revoking of your license before the 30-day expiry.
From January 2019, there
is a choice of preventing the 30-day suspension by registering for a DUI class,
installing an Interlock Ignition device and obtaining as SR-22.
13. How long will your license be seized?
First-time offenders can
get their license revoked for about 6 to 10 months or there’s the possibility
of a year if BAC is not tested.
14. Is a prison sentence
compulsory for first time offender?
There are guidelines used in arresting and imprisoning first-time offenders for
a minimum of 2days and other states can likewise include community service and
probation together with the prison sentence.
15. When will a DUI record
be expunged from a person’s record?
DUI conviction will stay on your record for at least 10 years beginning from
when arrested instead of the conviction date.
After providing all the required legal information, complete probation and if you have not previously been sentenced to prison, a DUI removal request can be applied for.
Your attorney can also help file a request for a quick termination if you have not completed your probation.