QUESTION

What are the penalties for a first offense DUI in Los Angeles?

Asked on Oct 18th, 2012 on DUI/DWI - California
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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Same as anywhere in the state, up to 6-12 months in jail, plus fines, programs, costs, license suspension, etc. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, n timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential jail, so handle it right. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Oct 19th, 2012 at 9:17 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Usually 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction. Fines from $390 to $1,000 plus penalty assessments. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender will not do any jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV.
Answered on Oct 19th, 2012 at 9:00 PM

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The penalties are the same state wide. There is a minimum of 2 days jail with a 6 month top, $1,700 plus fine, DUI school and ignition interlock. The minimums are minimums and if there was an accident or a high blood test they may not apply. I am assuming that this did not involve injury or death which could result in a prison sentence.
Answered on Oct 19th, 2012 at 5:42 PM

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The penalties for drunk driving depend on a variety of factors: (1) whether it is a first, second, or third offense misdemeanor DUI, or a felony DUI as a result of this being the person's fourth or greater DUI; (2) whether the person was involved in an traffic collision and injured or killed another person; (3) the person's blood alcohol concentration; and (4) whether any other additional enhancements exist, which commonly include: The defendant refused to submit to a chemical test; The blood-alcohol concentration was over 0.20%; The blood-alcohol concentration was over 0.15%; There was a traffic collision, whether or not it caused injury or death; The person was driving 30 miles or more over the speed limit; A child was in the car at the time; The person was under 21-years old at the time of the offense, thereby bringing them under the zero tolerance laws. FIRST OFFENSE DUI (NO PRIORS WITHIN 10-YEARS) PROBATION: 3-to-5 Years Informal Probation JAIL: 48-hours and up to 6 months jail time may be imposed COURT FINES: Minimum $390.00 fine to maximum of $1000.00 Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. DUI SCHOOL: Attendance at First Offender Program (FOP) Required BAC = .15 3-month FOP BAC .15 to .19 6-month FOP BAC = .20 9-month FOP COURT MAY ALSO ORDER: Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal An additional 48-hours of Jail Passenger in Vehicle Under Age 14 Additional 48-hours of Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway Additional 60-days Jail.
Answered on Oct 19th, 2012 at 5:34 PM

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