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What can I expect of A first time DUI offense?
Anonymous5 views5 answers
Drove drunk wrecked my
Car on a fence, I had pulled over and was given a ride home but got a call from the officer I had to come back. I came back without my license so was issued a pink slip and got a bac of .16 went to jail for the night and was released and have court in a month.
There are different policies in each county but generally, if convicted, most people will at least have to complete a alcohol education course, suffer a drivers license suspension, do work project and pay a fine. These are all the minimum things you can expect. You should consult an attorney so they can go into more detail with you. Penalties can vary depending on the circumstances surrounding your arrest and possible defenses should be addressed with you.
Sentencing for a first offense DUI varies from county to county. The general sentencing for a case with a .16 with an accident such as yours will be:
3 years probation, informal or formal
Apx 2100 in fines
up to a 6 months of suspension with eligibility for a restricted license after 30 days if you're older than 21
Possible MADD Class
Possible Morgue Program
2 points on your driving record
Misdemeanor Conviction
Alcohol Program, 6-9 months.
Possible Jail, house arrest, or community labor program.
Possible IID depending on jurisdiction.
SR22 insurance requirement
For more information regarding the consequences to your DUI arrest, please see link below.
There are aggravators (accident, high BAC) and defenses (already home) raised by in this question such that a likely outcome is impossible to predict. You'll need to direct this question to your lawyer. If you do not have a lawyer, you should hire one immediately.
As indicated by my colleagues, the punishment for a first time DUI varies by jurisdiction. Generally, anything above a .15 is subject to an enhancement because it is considered a high BAC. If you did not cause injury to anyone else, this will likely be considered a misdemeanor and you will be charged under Vehicle Code 23152(a) and 23152(b). You're best off speaking with an attorney familiar with the county courts to get a better idea of what is ahead of you.
First of all, the local custom is 5 years probation, not 3. Part of your punishment will depend on your age - also how the accident was handled, and finally was it a home fence vs a fence in the middle of nowhere. There is also your comments to the police and how long of time passed between the accident and the time you came into contact with the police.
If you are going to get an attorney, get one that is local so they know what is going to happen. You will be in front of one of two judges, one you will want to avoid and a local attorney can help you with that.
Good luck with the situation - we've been doing Santa Cruz cases for years and know it can be a little confusing, frustrating and scary. Finally, remember, you generally only have 10 days to request a DMV hearing if you want to try and keep your driver's license.
Matthew Williamson
Monterey & Santa Cruz DUI Attorney