subject: Dui First Offense And Penalties For Drunk Driving [print this page] You have just been caught and charged with a DUI, driving under the influence or DWI, driving while intoxicated. This is a serious matter and not something you should disregard. The outcome can affect your future in many ways since there a variety of penalties for drunk driving. As a DUI offender, You could end up facing significant penalties including heavy fines, community service and even jail time. Additionally, your license may be suspended and if anyone was injured in an accident you could face a criminal conviction. Your future plans could be gravely affected regarding employment opportunities, applying for a loan or higher education and more. An experienced DUI attorney can make all the difference helping you through the legal system to achieve the best possible results.
Once you have been arrested for DUI, the DMV in California will suspend your license. The DMV calls this DUI first offense an administrative per se hearing (APS). You then have ten days to request an administrative hearing with the DMV. If you are not granted a hearing or you cannot make the hearing date, the DMV will keep your license and move ahead with suspension of your driving privileges. This is an automatic stipulation.
You can be charged with 2 different crimes. The standard offense is "driving under the influence of alcohol" (DUI), or in some states, "operating while intoxicated" (OWI), or "driving while intoxicated" (DWI). In recent years, 49 states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration, also known as BAC, (either .08% as in California or .10%). In those states, both offenses are charged. The defendant can even be convicted of both, but can be punished for only one.
If the case involves a refusal to submit to chemical testing, of course,
only the traditional offense will be charged.
In the California courts, in addition to a possible administrative hearing that goes over the circumstances involved in your CA DUI / DWI arrest, you must go to court where a judge will decide your fate. Often, it is strictly based on your blood alcohol level or refusal to give to a breath test.
If you're found guilty, most courts will:
Impose Fines and Some Add On an extra Driver Responsibility Tax
Suspend or Revoke Your License
Want Participation in a Drunk Driver Education Program
Add Points to Your License (Your Insurance Will Most Likely Increase)
Need Community Service Work
Put You On Parole
Install an Ignition Interlock Device On Your Vehicle
There are many different defenses in a criminal DUI case. An
experienced DUI lawyer in Los Angeles will give you the best chance of fighting
