What are the Penalties for a First-Time DUI?
California takes the safety of everyone on the road very seriously and so, the laws are harsh on people who drive while under the influence of alcohol or drugs. This is true even for those who have been charged with a DUI for the first time. If you have found yourself facing charges, you need legal help. Maybe you simply made a mistake, or perhaps you do not even know why you were charged. Below, our San Diego DUI defense lawyer explains the penalties you may face and how to protect your future.
Consequences of a First-Time DUI
As in most states, you can be charged with a DUI if you drive with a blood alcohol concentration (BAC) of 0.08 percent or higher. First-time DUIs are generally classified as misdemeanors. The penalties range from three to five years of probation, a fine between $390 and $1,000, and other consequences. These can include completing DUI school, and a driver’s license suspension of four months. If you are convicted of a DUI again within ten years, the driver’s license suspension is extended to one year.
The Administrative Hearing
If your driver’s license has been suspended, you can schedule a hearing and have your case reviewed. You must request a hearing within ten days of receiving notice or, if you receive the notice by mail, within 14 days of receiving it. If you do not respond within this time, you will forfeit your rights to a hearing and your license will be suspended for the full amount of time.
During the administrative hearing, you will have the opportunity to present your side of the story and provide testimony that shows you were not impaired. You have many rights during the administrative hearing, including the following:
- Have legal representation
- Review the evidence against you
- Take the stand to defend yourself
- Cross-examine other witnesses
- Subpoena individuals or evidence
- Present evidence to support your arguments
- Receive a fair and complete review of the facts by someone impartial
- File for a departmental reviewer judicial appeal if the decision made was not in your favor
You may need to contact the DMV to ask for copies collected by the DMV within ten days before the date of the hearing. In some cases the DMV automatically sends the evidence. If you do not exercise your right to a hearing, you also forfeit your right to the DMV’s evidence.
Our DUI Defense Lawyer in San Diego Can Help with Your Case
The consequences of a DUI conviction in California are harsh, even if you do not have a previous history. At Anthony Z. Vargas, Esq., our San Diego DUI defense lawyer can review the facts of your case, determine which strategy is right for you, and build a solid case that will give you the best chance of beating the charges, getting your license back, and protecting your future. Call us now at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
