California DUI Penalties

Whether it’s your first, second, third or even higher DUI offense, this is a confusing and stressful time. Obviously you’re wondering what penalties you’re facing if you are convicted of DUI. Many citizens charged with DUI are under the assumption that pleading guilty may be in their best interest but that couldn’t be further from the truth! Hiring an experienced DUI defense attorney is the only way to ensure your rights are protected and can significantly improve your chances of winning your case. A qualified DUI defense attorney can help you take on your case.

When determining the penalties surrounding your case, the court and DMV will look at a number of facts. Sentences are structured by a basic statue and there are sentence enhancements for certain situations. For example, if you have any prior DUIs in the last ten years, you’ll face enhanced penalties. You’ll also face more severe sentencing if you were driving 20 mph or more over the posted speed limit or if you had a minor in your vehicle under the age of 14.

California considers citizens to be DUI when their blood alcohol content reaches .08% or higher. Once a person’s blood alcohol content reaches .16% or more, they are automatically placed in a different sentencin g structure and will receive enhanced penalties. Perhaps you never submitted to a chemical test (blood, breath or urine). If you refused, this is a violation of the California’s Implied Consent Law. Under this law, all licensed drivers are required to take a chemical test if police have probable cause to believe you have been drinking and driving. Failing to submit to a chemical test will also result in enhanced sentencing. If addition to these enhanced penalties, you’ll also face harsh consequences if someone was seriously injured or even killed in an accident.

If any of these facts apply to your DUI case, that’s even more reason to contact an experienced defense attorney! From a lack of probable cause to other weaknesses in the prosecution’s case, it is the job of your attorney to defend the charge against you.