What Factors Could Enhance Or Aggravate A DUI Charge In California?
Getting into an accident is one of the main factors. The other prevalent issue is if your BAC greatly exceeds 0.08 because as it goes up, so will the severity of the charges. If it’s more than twice the legal limit, then they’ll enhance your sentence, and they also will make you plead to it. When you plead to your DUI, you have to admit that your blood alcohol was over the, twice as much over the legal limit is prohibited. There are other factors, but the severity of cases varies from case to case. However, one of the worst outcomes is a reckless driving charge to go along with the DUI.
What Are The Typical Sentences For A First Time And Subsequent DUI Offenses In California?
On a first-time DUI, usually, the individual will get 36 months of summary probation. They will have to do a program called AB-5.1, which typically lasts three months and educates you on alcohol and its consequences two to three times a week. You will most likely get a fine of approximately $1900. You will also have to enroll in a course in which you will see the bodies of people affected by drunk driving. However, the classes usually have long waiting lists, so you must sign up quickly.
Occasionally, on a first-time DUI, you may be allowed by the judge to complete community service rather than paying a fine. The sentence for a second time DUI is usually about 96 hours in the county jail, 500 plus PAs, and the penalty assessment is about $2200. The problem with a second time DUI is they’ll usually give you an SP-38, an 18-month program, and your license will be suspended for 18 months before you can get it back. If repeat offenses occur, the penalties will continue to climb in severity.
If you are determined to be a habitual offender, they could take your license away. You might even have to appeal the case to get the privilege back. Still, some individuals have fourth and fifth offenses, for which they will make you plead. This means if you kill somebody, then they can bring murder charges against you. Before Watson, it was harder to bring a murder charge against somebody, but they can bring murder charges for vehicular manslaughter under the case.
Why Is It Critical To Retain An Experienced LA DUI Attorney To Fight My DUI Charges?
Without having a skilled attorney at your side, you may be pleading to defensible charges. If it’s a defensible case, then you might be able to get out or at least mitigate these circumstances against you. No one should go into court without an experienced attorney looking at your police report to determine whether they stopped you correctly and whether they did the test correctly. If you do the breath test, they must observe you for 15 minutes beforehand. Otherwise, you are running the risk that you might have something else that will throw off their machine. If that’s true, then you may be able to get a substantial reduction in the charges from a DUI.
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