What are the max penalties for first offense, DUI alcohol and drugs (vc 23152 a, b, f, HS 11550). Bac below .08.

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What could the worst case be in California if charged with DUI alcohol with drugs. First offense, no prior, no criminal records. Mandatory jail time? Any chance of getting the DUI charged with alcohol to be reduced due to low BAC? More classes and fees because of alcohol AND controlled substances?

Attorney Answers

5
Anthony Michael SolisCriminal Defense AttorneyLos Angeles, CA ·
The likely worst case scenario is three (3) years summary probation, an AB541 (3-mo) alcohol program, DUI conditions (drive only with valid license and insurance, must submit to a chemical test, don't drive if you've had anything to drink), about $2000 in fines. This is separate from the DMV consequences and there may be an additional penalty for the drug charge.
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Antoine Williams ·
The maximum confinement for this charge is 6 months in jail, BUT the likely outcome will be fines and an alcohol program (3 month). There are many factors that could determine whether you incur any additional legal penalties. Some of the other possible penalties could include a MADD program, Hospital and Morgue program, additional community labor and possibly jail. The likelihood of you incurring some of these other penalties could be increased due to the use of alcohol and drugs. My honest recommendation is that consult an experienced DUI attorney to discuss your options. Most reputable attorneys offer free consultations so check with one ASAP. Keep in mind, the criminal punishments are independent of the DMV consequences. There are sensitive deadlines you must adhere to regarding your license the require immediate attention. Good luck to you!
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Hudson Bair ·
You should contact a local DUI defense attorney, the drug charge in combination with the DUI can significantly increase the penalties as you cannot be offered "diversion" for the drug charge because of the DUI. A lawyer can likely get the H&S code violation dismissed which will significantly reduce your jail exposure, but probably you will be stuck with the DUI. BUT, you may have defenses that may change the entire case...but you are asking about that.
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Michael Cognata ·
what other posters are not referencing is the 11 550 H&S that carries with it a mandatory minimum of 90 days in jail in addition to the other penalties that the other attorneys have posted for the DUI. unless the prosecutor agrees to dismiss that count the judge has no choice other than to sent3nce you to 90 days and 11 550 is not covered by proposition 47. Get a lawyer now
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Julia Simmons ·
For a Misdemeanor 3-5 Years probation, either formal or information Fines up to 2500 Madd Pandel Hamm Program 3 month alcohol class Possible Community Service 30 day suspension SR22 2 points on your license With a .08%, you need to consider taking it to trial.
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