If you are arrested for a DUI you will have a lot of questions. As a former deputy district attorney and a criminal defense attorney I can help you through this. Below I will be going through some of the consequences for a first and second time DUI as well as some of the Reckless driving consequences. If you have any questions after reading this blog please let us know at 559-441-1418.
CONSEQUENCES OF PLEA OF GUILTY OF NO CONTEST 23153
First or Second Offense Vehicle Code section 23153, whithin 10 years. (Vehicle Code 13352, 23554, 23560) 90 days to 1 year in jail $390.00 dollar fine to $5,000.00 fine and a 1 -year, or 3 year license suspension, if granted probation it could be up to 5 years.
FIRST OFFENSE VEHICLE CODE 23152
If granted probation 96 hours to 6 months in jail $390.00 to $1,000.00 fine and a 6 months in jail. If granted probation can be for up to 5 years.
SECOND OFFENSE VEHICLE CODE SECTION 23152 WITHIN 10 YEARS (VEHICLE CODE 13352, 23540 23542)
I the following is the minumum and maximum sentence you can recieve for the offense stated above 90 days to 1-year in jail, $390.00 to $1,000.00 dollar fine and a 2 year license suspension If granted probation it could be up to 5 years.
THIRD OFFENSE VEHICLE CODE SECTION 23152 within 10 years (vehicle Code section 1332 23546, 23542)
120 days to 1 year in jail $390.00 fine to $1,000.00 fine and a 3 year drivers license revocation. If granted probation it could be up to 5 years.
RECKLESS DRIVING REDUCED FROM DRIVING UNDER THE INFLUENCE (VEHICLE CODE 2310.5)
5 days to 90 days in jail, or a $145.00 to $1,000.00 fine, or both. If alcohol or drugs are involved this conviction will as a seperated DUI conviction if a committ a subsequent DUI offense whithin 10 years.
THE DMV PROCESS
The above are the consequences in court there will be further consequences when you are involved with the DMV you should consider that an entirely different court system or the equivelant of another court system. There could be drivers license consequences as well.
After you drivers license that the police gave you runs out for example after 30 days. You will be on a hard revocation period for a first time offense of 30 days. This is unles you have requested a dmv hearing and then the revocation will take effect after the results of that hearing.
After that 30 day revocation period you will have to obtain an sr 22 from an insurance agent pay $125.00 and enroll in a dui program to get your license back. When you get your license back and then you enter a plea you will be on suspended status for a period of up to 4 months but you will be able to drive to and from your dui class and to and from work. This will enable you to keep employment and to continue to support yourself. As you can see this is a long process and you will need legal advice throughout this process probably the best thing to do is get legal advice right away befor the process can bog you down and you can make mistakes that could cost you your license and your ability to support yourself. If again you read this article and need help give us a call we have helped many people in the same circumstances you are in and we can defintely get you through this tough time in your life and make sure you are represented properly and help you to be able to make a living and continue to help your family.
If you need a weekend or a night appointment give us a call we have a service that will answere you phone call and put you in touch with me so we can answer some your questions
559-441-1418