mehek

DUI Penalties

by mehek | 8:42 PM in | comments (0)

People who are convicted of driving under the influence in California face severe legal penalties that will adversely impact their quality of life for years to come. Below is a standard list of legal penalties people face after a 1st, 2nd, and 3rd DUI conviction:

First DUI Offense

  • jail time (up to 6 months)
  • fines (up to $1,000)
  • community service
  • probation
  • DUI School
  • driver’s license suspension

Second DUI Offense

  • jail time (up to a year)
  • fines (up to $1,000)
  • community service
  • probation
  • DUI School
  • driver’s license suspension
  • vehicle impoundment

Third DUI Offense

  • jail time (up to a year)
  • fines (up to $2,000)
  • community service
  • probation
  • DUI School
  • driver’s license suspension
  • vehicle impoundment

Additionally, a person who has been convicted of DUI may receive an enhanced sentence if he/she caused a car accident, caused another person bodily injury, had a passenger below the age of 14 in his/her vehicle, drove 20 mph or greater over the speed limit, had a BAC of 0.15% or higher, or has a prior DUI conviction.

Orange County DUI Defense Lawyers
Coffey & Coffey – Attorneys at Law

If you have been charged with driving under the influence in Orange County, you will need to hire an attorney who can protect your constitutional rights and defend you both in and out of court. At Coffey & Coffey, our experienced DUI attorneys have helped countless clients throughout Orange County and surrounding areas fight their DUI charges. We are skilled attorneys who strive to provide each of our clients with exceptional legal representation and advice.

The DUI lawyers at Coffey & Coffey represent clients in Orange County, including Fullerton, Santa Ana, Laguna Niguel, Westminster, and Newport Beach.

DUI Law
In the state of California, it is illegal to operate a motor vehicle while impaired by drugs and/or alcohol. It is also illegal to operate a motor vehicle with a blood alcohol concentration of 0.08% or higher. If a person drives while impaired by drugs and/or alcohol, or drives with a blood alcohol concentration of 0.08% or higher, he/she can be charged with driving under the influence (DUI) by California law enforcement.

DUI Arrest
Law enforcement may make a DUI arrest they have sufficient probable cause. If law enforcement has reason to suspect DUI, such as noticing open containers in a person’s vehicle, they make legitimately make a DUI arrest. Additionally, law enforcement may make a DUI arrest if the person’s breath alcohol test results are 0.08% or higher, or if the person fails his/her field sobriety tests.

Once a person is placed under arrest for DUI, he/she will be served with a Notice of Suspension from law enforcement. This Notice will inform the person of his/her right to schedule an Administrative Hearing with the California Department of Motor Vehicles to contest the suspension of his/her driver’s license. From the time of his/her arrest, the person only has 10 days to schedule his/her DMV Hearing, or his/her driving privileges will automatically be suspended.

Hiring a DUI Attorney
After a person has been arrested for DUI, it is important that he/she retain the services of a qualified DUI defense attorney. Without the help of a DUI lawyer, people stand little chance of successfully fighting their DUI charges and preserving their driving privileges. By hiring a DUI defense lawyer, people can be assured that their case is handled by an experienced professional who understands California DUI law and the criminal process.

Orange County DUI Defense Lawyers
Coffey & Coffey – Attorneys at Law

If you have been charged with driving under the influence in Orange County, you will need to hire an attorney who can protect your constitutional rights and defend you both in and out of court. At Coffey & Coffey, our experienced DUI attorneys have helped countless clients throughout Orange County and surrounding areas fight their DUI charges. We are skilled attorneys who strive to provide each of our clients with exceptional legal representation and advice.

The DUI lawyers at Coffey & Coffey represent clients in Orange County, including Fullerton, Santa Ana, Laguna Niguel, Westminster, and Newport Beach.

After a person has been arrested for driving under the influence, he/she will be served with a Notice of Suspension by California law enforcement. The Notice informs the person of his/her right to request an Administrative Hearing with the California Department of Motor Vehicles (DMV) to avoid the suspension of his/her driver’s license. From the time of his/her arrest, the person only has 10 days to schedule his/her Administrative Hearing with the DMV. If the person does not schedule his/her DMV hearing, his/her driving privileges will be suspended for a set period of time as ordained by the California DMV.

It is imperative that people schedule their Administrative Hearings with the DMV within 10 days of their arrests if they want to preserve their California driver’s license and driving privileges.

Once the person schedules his/her DMV hearing, he/she will be provided with a date, time, and location for the hearing. At the DMV hearing, the person will meet with a DMV representative who will serve as both the prosecutor and the judge. The DMV representative will present evidence against the person and argue that the person’s driving privileges should be suspended. The DMV representative will also make the final ruling as to whether or not the person will retain his/her license.

Due to the fact that the DMV representative serves a dual purpose, it is always to the person’s advantage to retain the services of a DUI defense attorney. A DUI defense attorney can represent the person throughout his/her DMV hearing, present counter evidence, and challenge any evidence that is presented by the DMV representative. Most importantly, a DUI lawyer can help preserve the person’s driving privileges and quality of life.

Orange County DUI Defense Lawyers
Coffey & Coffey – Attorneys at Law

If you have been charged with driving under the influence in Orange County, you will need to hire an attorney who can protect your constitutional rights and defend you both in and out of court. At Coffey & Coffey, our experienced DUI attorneys have helped countless clients throughout Orange County and surrounding areas fight their DUI charges. We are skilled attorneys who strive to provide each of our clients with exceptional legal representation and advice.

The DUI lawyers at Coffey & Coffey represent clients in Orange County, including Fullerton, Santa Ana, Laguna Niguel, Westminster, and Newport Beach.

The DUI criminal case process begins once a person has been placed under arrest for driving under influence. A person can be placed under arrest for DUI if law enforcement has sufficient probable cause that the person was operating a motor vehicle while impaired by drugs and/or alcohol. Open containers, a blood alcohol concentration of 0.08% or higher, and/or failure of field sobriety tests are all grounds for sufficient probable cause and can lead to the person’s arrest.

Once the person has been placed under arrest, he/she will be escorted to the district police station. While under police custody, the person will be asked to take a blood alcohol test and will also be booked for DUI charges. Within 48-72 hours of the person’s arrest, the person must be arraigned. During the arraignment, the person will enter a plea of “guilty”, “not guilty”, or “no contest”. The person will be read his/her rights and the judge will inform the person of all pending criminal charges.

Prior to the arraignment, it is advisable that the person seek representation from an experienced DUI defense attorney. A DUI lawyer can guide the person throughout the DUI criminal process and defend the person in court. A DUI defense attorney can also negotiate with prosecutors after the arraignment to have the person’s criminal charges reduced and/or dismissed.

After the arraignment, both the defendant and the prosecutor may submit pre-trial motions. Pre-trial motions can be submitted to suppress evidence, for the discovery of evidence, and to dismiss the case entirely. At this time, both the prosecutor and defendant’s lawyer can further negotiate, and come to a mutually agreed upon outcome. If the prosecutor and defendant’s lawyer do not come to an agreement, the case will proceed to trial. However, the majority of DUI cases do not proceed to trial.

Orange County DUI Defense Lawyers
Coffey & Coffey – Attorneys at Law

If you have been charged with driving under the influence in Orange County, you will need to hire an attorney who can protect your constitutional rights and defend you both in and out of court. At Coffey & Coffey, our experienced DUI attorneys have helped countless clients throughout Orange County and surrounding areas fight their DUI charges. We are skilled attorneys who strive to provide each of our clients with exceptional legal representation and advice.

The DUI lawyers at Coffey & Coffey represent clients in Orange County, including Fullerton, Santa Ana, Laguna Niguel, Westminster, and Newport Beach.

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