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If you or a loved one has been arrrested for a DUI you will have a lot of questions.  The process can be long and take a lot of time, and be difficult to understand.  If you have any questions after reading this article give us a call at 559 441-1418, and we can help you get through this process.  

WHAT ARE THE MOST COMMON PENALTIES FOR FIRST TIME DUIS?

The first thing you should know is that if you are currenlty on probation or parole taking a plea or being convicted of a DUI will result in the violation of your probation, or parole and could lead to a sentence on that underlying case.  So for example if you are on probation for a Misdemeanor Battery and you take a plea to a Misdemeanor DUI then you will be automatically admitting to a violation of your probation for that offense if you are currently on probation for that offense.  You will be sentenced for both the DUI and the violation of probation.  

WHAT ARE THE CONSEQUENCES TO A PLEA OR FINDING OF GUILTY OF DUI?

For a first offense DUI the minimum sentence you can recieve for a DUI 96 hours to six months in jail, $390.00 to a $1,000.00 fine and 6 months drivers suspension.  If granted probation it could be up to 6 years, however, with new changes in the law it could be considerably less than that amount of time. 

Usually in Fresno County Superior Court you will be ordered to do AOWP time instead of in custody time the court will order a certain amount of that time depending on many different factors including blood alcoohol content and if you have any priors and the specific facts as to the case.  

DMV CONSEQUENCES

There will be DMV consequences as a result of the plea when this occurs you will be given written notice and within 10 days of your arrest you should request a DMV hearing and  the suspension or revocation of your license will be stayed. 

The best way to think of this is as two different court processes.  The DMV process and the actual court process.  In the past if you lost your dmv hearing you would go through what was commonly called a hard revocation where you could not drive for a specific amount of time at all.  This has changed in many counties including in Fresno County where you could get the ignition interlock device placed into your vehicle and then be able to drive.  This could save you some time as you will not have the hard revocation.  You would have to show the dmv tha tyou have placed this into your vehicld and and have an sr 22 which is a proof of insurance after the dui and pay a fine and you will be able to drive.  This is important to note that you will still have a suspended or restricted licens for a certain amount of time and then after the period of six months you will be able to drive without any restrictions.  

As you can see this is  long and difficicult process and you wlll have a lot of questions throughout the process we have helped many people with this process and can help you to get through this process.  We have helped hundreds of others in the same situation.  So if you have questions after reading this article give us a call at 559441-1418.  and we can set up a  case evaluation with you 

Nothing in this article is meant as legal advice and is for informational purposes only cases are always dependent on the facts. 

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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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