The Serious Truth of Los Angeles DUI Penalties
The penalties for a DUI conviction are serious, even if the accused motorist complied with authorities' requests to take a breath or blood test.
The Law Office of Edward J. Blum has more than 14 years of experience in protecting client motorists in the Los Angeles, California, area. To speak personally with an attorney with lengthy and intimate knowledge of California DUI law and the court system, contact me — Edward J. Blum — today at 213-599-7005 or by e-mail here.
Dispel Misunderstandings — Know Your California DUI Facts
Unless you are an attorney or work in law enforcement, it is unlikely you thought much about California's DUI laws and penalties. The following are some basic facts about DUI law and how it is administered in the California criminal justice system.
DMV license suspensions. If it is your first purported offense, the California Department of Motor Vehicles (DMV) will suspend your license for a minimum four months, unless the driver or an attorney successfully intervenes at a requested DMV hearing. If it is your second or third offense, they can suspend it for two years or three years, respectively.
State penalties — Treatment, classes, interlocks and impound. The State of California enacts its own penalties in a separate legal process. These penalties include mandatory alcohol treatment assessments and jail time for second and subsequent offenses within 10 years. If you are younger than 21, you will be required to take an alcohol education treatment class. After your third offense, your vehicle is confiscated.
Further, California sentencing guidelines allow for judges to require ignition interlock devices to be installed in your vehicle dashboard. These devices work much like a Breathalyzer machine. If you breathe into the device and have been drinking, your vehicle won't start.
For drivers who refuse chemical tests. If you refused to take a Breathalyzer or blood test at the time of your arrest, the penalties are even greater. A first offense results in a one-year suspension and no chance of receiving a restricted license. A second conviction following a test refusal automatically results in a two-year suspension and a three-year suspension for a third refusal/conviction.
California penalties apply to out-of-state drivers. If you live outside California but were arrested for DUI here, the same penalties will apply in nearly all of the United States. This is due to reciprocity agreements between all but a few states.
Intoxication threshold-less — penalties greater for commercial drivers. Holders of a commercial driver's license or certificate can face a one year suspension following their first DUI conviction, despite having a blood-alcohol concentration less than the legal limit for ordinary drivers. For commercial drivers, the threshold is 0.05 percent, even if the driver was operating his or her personal vehicle.
Aggravating factors worsen any DUI penalty. Penalties and punishments for California DUI conviction are enhanced in the presence of what are called, in legal parlance, "aggravating factors." These can include having a child younger than 14 years old in a vehicle, driving with a suspended or restricted license, having a blood-alcohol content greater than .20 percent, driving above the speed limit or being involved in a car accident or truck accident.
Are There Beverly Hills Drunk Driving Penalties?
Of course there are. It doesn't matter if your arrest took place in the neighborhoods of Inglewood or the boulevards of Beverly Hills, a California DUI conviction carries with it negative financial effects beyond the hardships of losing a license or losing time to incarceration.
Consider the following:
There are fines and court charges to pay. These can range from as little as $1,500 for a first DUI conviction to $20,000 for subsequent convictions.
Auto insurance premiums will increase substantially for up to 10 years.
License suspensions cost money, both figuratively and literally. Not only will a convicted motorist lose pay if he or she can't get to your workplace, but it costs at least $100 to reinstate a driver's license.
Edward J. Blum — Your Criminal DUI Defense Attorney
In addition to DUI defense, I have long experience assisting clients in criminal defense. If your DUI case is particularly serious or complicated, you may wish to visit my criminal law website.
Either way, you will need a personal lawyer who will work for you. Contact The Law Office of Edward J. Blum today at 213-599-7005.
