I need help!! Im under 21 these are my charges 23152(a) ,vc231521 (b) vc , 23140 ( a) vc.

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what will be consequences? My first time never had history with drugs or achohol

Attorney Answers

2
Robert Marshall ·
First of all, you need to contact DMV within ten days of your arrest and request an administrative hearing. This process is separate from the criminal court case. If the DMV hearing officer determines you were under 21 and driving with any level of alcohol in your system over .01%, you will lose your license for a year. Vehicle Code 23152(a) is driving under the influence of alcohol, drugs or both... basically being too intoxicated to drive safely. Vehicle Code 23152(b) is driving with a blood alcohol level over .08%. If you are convicted of one or the other, or both, the punishment is the same: fines of about $2000, a one year license suspension because you are under 21, a four month DUI class, three to five years of probation, and up to six months in jail. If you are granted probation, you might not serve any jail time at all, though judges in some counties impose a minimum of 48 hours. If your blood alcohol was over .15%, you may get more jail and/or a longer DUI class. The conviction could also be used to increase the punishment for any future DUI conviction in the next ten years. Vehicle Code 23140 is driving with a blood alcohol level over .05% when you are under 21. This is an infraction, which means you cannot be ordered to serve jail time. It still carries a fine and a one-year license suspension. It cannot be used as a prior conviction to increase the punishment for a future DUI conviction, but DMV could use it to impose a harsher suspension in the administrative proceeding following a subsequent DUI arrest. Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
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George Mueller ·
Avoid severe consequences - go to www.dui-help.com to get professional assistance in your area. Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152) OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION FIRST OFFENSE within 10 years Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% apx.), plus either (A) 48 hours to 6 months jail and 6 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, $390 to $1,000 fine, and a 6-month license suspension. May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. SECOND OFFENSE within 10 years Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. THIRD OFFENSE within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation. FOURTH OR SUBSEQUENT OFFENSE within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation. DMV Penalties for Driving Under the Influence of alcohol and/or drugs OFFENSE BOH/REFUSAL SENTENCE FIRST OFFENSE .08 or greater 4-month suspension " " Refusal 1 year suspension SECOND OFFENSE within 10 years .08 or greater 1 year suspension " " Refusal 2 year revocation THIRD OFFENSE within 10 years .08 or greater 3 year revocation " " Refusal 3 year revocation FOURTH OFFENSE within 10 years .08 or greater 4 year revocation " " Refusal 4 year revocation
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