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What penalties could I face for a DUI conviction in California?
Question:
What penalties could I face for a DUI conviction in California?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
In California, anyone who drives a vehicle with a blood alcohol content of 0.08 percent or more is guilty of driving under the influence (DUI). Additionally, anyone driving a vehicle who is also addicted to any drug is guilty of a DUI. It is a rebuttable presumption that if the driver's BAC is above the legal limit at the time of a chemical test within three hours after driving, the BAC was above the legal limit at the time of the offense.
Penalties
License Suspension/Revocation
Upon a stop where the driver is suspected of a DUI, the officer may take possession of the driver's license. The officer will immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing from the DMV within 10 days of receipt of the order to contest the suspension or revocation.
Your license will be returned to you at the end of the suspension or revocation after you pay a $125 re-issue fee to the DMV and file proof of financial responsibility (insurance). If you were under 21 and suspended upon the Zero Tolerance Law, the re-issue fee is $100.
Temporary License
You may be given a temporary license that will allow you to drive for 30 days from the date of the order of suspension or revocation was issued. The temporary license is limited to hours necessary for driving to and from your job or driving to and from activities required for any court mandated DUI program.
First Offense
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08 percent BAC or more:
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01 percent BAC or more, your driving privilege will be suspended for 1 year.
Therefore, if you face a California DUI charge, it is advisable to speak with an attorney immediately to defend against possible penalties
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