Fresno Criminal Defense Attorney | Fresno DUI Attorney Serving all of California

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If you have been arrested for DUI  you will have a lot of questions.  If you or a loved one has been arrested for DUI set up an appointment and give us a call, at 559441-1418.

 

The penalties for a California DUI depends on wether it is a first second or third defense, and whether you had a what is considered an elevated blood alcohol level.  

CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST

FIRST OR SECOND OFFENSE VEHICLE CODE 23153 (COMMONLY REFERRED TO AS A WET RECKLESS THROUGH 23554 OR 13352

90 days up to one year in jail, $390.00 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 Within 10 years (Vehicle Code 13352, 23540 23542) 

96 hours to 6 months in jail $390.00 to $1,000.00 fine. and a 6 month license suspension. If granted probation it could be up to 5  years

SECOND OFFENSE VEHICLE CODE 23152 WITHIN 10 YEARS (VEHICLE CODE 13352, 23540 23542)

The minimum and maximum sentence I could revieve 90 days to one year in jail $390.00 to $1,000.00 dollar fine and a 2-year drivers license suspension If granted probation it could be up to 5 years.  

THIRD OFFENSE VEHICLE CODE 23152 WHITHIN 10 YEARS 

The minimum sentence for this offense is 120 days in jail.  $390.00 to $1,000.00 dollar fine and a 3 years drivers revocation If granted probation it could be up to 5 years.  

RECKLESS DRIVING ( REDUCED FROM DRIVING UNDER THE INFLUENCE) (VEHICLE CODE 2310.5)

5 to 90 days in jail, or $145.00 to $1,000.00 dollar fine or both.  If alcohol or drugs are involved this conviction will act as a seperated DUI conviction If a committ a subsequent dui within 10 years this could be a prior dui for purposes of punishment.  If granted probation it could be up to 5 years. 

 

In addition to these consequences there could be seperate consequences as to both your drivers license and your ability to drive a vehicle.  

 A dmv hearing shoul always be requested within the time period meanin whithin 10 days of your arrest.  

You can also have consequenses to your insurance rates if you are convicted of a dui.  This is because they can count your dui for point purposes for up to 10 years. And it cnanot come of your record if you do traffic school like it can for other traffic tickets.  

 

 A dui and a so called wet reckless both count for the same amount of points on your driving record.  a Two point conviction will stay on your record for up to 10 years and as stated abov affect your driving license as well as your insurance rates.  you will have to get an sr 22 in order to drive with inurance and will have to prove that you have bought an sr 22 before you license to drive is restored. 

 

As you can see the consequences of a DUI are severe and can be very complicated to understand and get through wihtout an experienced Attorney.  If you have questions after reading this article then give us a call and we can help you out.  Our number is 559 4421-1418.  And we can sometimes call you back on weekends and holdidays if you have been arrested and have questions about what your next move should be and how to go about your life.  We have helped many poeple get through this part of there lives and can help you to get started getting your life back.  

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418 
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