Dui Offense
what usually hppens on a first offense DUI in California?
I live inn Humboldt county. I was told that I was one and a half times the legal limit. I took a blood test. I don’t know the results, yet. But I assume they support the officer’s claim. It is my first offense. I was very cooperative.
I don’t know where dragonfire is getting their information, but you should probably not rely on much of it.
Bluecloud66 offers a good web site, but it does not really answer your question. If you read it, please remember that it’s written by someone who is soliciting your business and take that into consideration.
Here’s what the law in California provides as punishment for your first DUI offense:
23536. (a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand
dollars ($1,000).
(b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the
imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
(c) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required
under Section 13352.4.
So there will be jail time, there will be fines (somewhere around $3,500.00 last I knew, plus whatever you pay an attorney, if you obtain one), your license will be suspended, possibly both by DMV and the Court, though the suspension will only be for six months. You’ll be ordered to attend a first-offender program and you’ll probably end up on probation for 36 months. If you accept probation (and the vast majority of people seem to find that preferable), you’ll have a number of terms of probation that you have to live by, and one of them will be not to have ANY alcohol in your blood when you are driving. That means (and please believe me; I have done this to a great number of people) that you can have one beer and drive within 15 – 30 minutes and run a very good chance of going to jail if you are stopped.
I don’t recommend you just roll over and accept this. You should have an attorney review your arrest report and give you an opinion. But if you’re hiring an attorney, be prepared for them to want to take your case to court…they make their money doing so, even if they do not think they are likely to win. Most first offenders, in my experience, just take their lumps and try not to ever do it again.
I don’t know why the claim that you can be fired from your job. There is no such thing in California as a $10,000 fine for a first offense DUI. I have NEVER heard of anyone doing six months in jail for a first offense DUI. Community service is generally an option only if you cannot pay your fines, and the court will accept a payment plan for your fines so that you do not have to pay the whole thing at once.
I’m glad you were cooperative; thank you. Most of us truly appreciate a cooperative person during an arrest, and it makes it easier for us to be pleasant when you’re pleasant.
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