What Happens When You Get A DUI in California?

Gibbons & Gibbons a law Corporations
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With just over 96,000 arrests in 2022, California is the leading state in DUI arrests, showing just how seriously the state takes driver safety. If you are one of the many people who have been charged with a DUI in California, you may feel overwhelmed at the potential of life-changing consequences in the event of conviction. Hiring a DUI defense attorney can mean finally getting answers to your important questions, such as what happens when you get a DUI in California.

What Is a DUI, And What Penalties Might I Be Facing?

In the state of California, DUI is short for “Driving Under the Influence.” This covers any situation where an individual is operating a vehicle while drunk, high, and/or influenced by prescription drugs. Several different things factor into how you are penalized for a DUI in California, including but not limited to the following:

  • BAC: If you are 21 years or older, the legal blood alcohol content (BAC) limit is 0.08%. If you are under the legal drinking age, you can be charged with a DUI for any detectable amount of BAC. A BAC level of 0.15% or more can lead to steeper punishments.
  • Past offenses: If the DUI you have just been charged with is your first DUI, you will most likely (barring additional factors) face lower-level penalties in the event of conviction. If this isn’t your first DUI conviction, however, the penalties may be steeper, including potential prison time, monetary fines, and having your license revoked.
  • The presence of a minor: If you have a minor in the vehicle at the time of the DUI incident, you may receive harsher penalties.
  • Bodily harm: When someone is injured or killed because an individual was driving while impaired, sentencing usually becomes more severe. Charges may be added, such as vehicular manslaughter, in the event of fatalities.
  • Property damage: Though the loss and/or damage of property is not as painful as the loss of a loved one, it is still considered unlawful and may lead to additional charges and penalties if you are convicted.

These greatly influence what happens after you get charged with a DUI. You may be looking at a simple license suspension or even prison time, depending on the severity of your charges. Penalties for a DUI can be incredibly severe under many circumstances, which is why you need a DUI defense lawyer.

Why Do I Need a California DUI Defense Attorney in California?

There is a lot at stake if you have a permanent DUI charge on your record, especially if there are mitigating factors that could lead to steeper punishments. When you hire a DUI defense lawyer, you can prepare your case with less confusion and a more knowledgeable approach than you may have otherwise been able to.

Your lawyer can help you reach out to the DMV to schedule a hearing, which must be done within 10 days of your arrest. They can then listen to your side of the story, gain a better understanding of your charges and the incident, and help you build a strong and compelling defense.

Facing DUI charges alone can feel isolating and overwhelming, but your lawyer’s knowledge of the criminal court system enables them to provide you with clarity and compassion every step of the way.

Having a DUI on your permanent record can make your life a lot harder, but your California DUI defense lawyer may be able to help prevent some of the potential fallout by advocating on your behalf. They can protect your rights from the start of your DUI process until it reaches a resolution.

FAQs

What Is the Penalty for Your First DUI in California?

Sentences for a first-time DUI conviction can vary based on a host of mitigating factors, including whether or not a minor was in the vehicle at the time of the incident, your blood alcohol content (BAC) level, and whether there was bodily or property damage because of the incident. With more straightforward cases, however, the most common sentence is a 6-10 month license suspension at the behest of the DMV.

How Much Does a DUI Defense Lawyer Cost in California?

In the state of California, the final cost of a DUI defense lawyer tends to vary case by case. Some of the things that factor into the overall price are the level of complexity of your case, how long it takes for your case to reach its resolution, and your lawyer’s skill level. Gibbons & Gibbons makes it their goal to help you in the pursuit of an outcome that feels worth the money and time you spend.

Will I Lose My License Immediately After a DUI in California?

There is a small window of time during which you can request a hearing with the DMV. If you do not request a hearing within that window, your license may be suspended or revoked within the next 30 days. This depends on whether or not it is your first DUI offense, as well as other mitigating factors, like your age and your blood alcohol content (BAC) level at the time of your arrest.

What Should I Do When I Get My First DUI in California?

When you are charged with a DUI in the state of California, there are two important things you need to do: hire a skilled California DUI defense attorney and contact the DMV to request a hearing within 10 days of your arrest. If you do not contact the DMV within that time frame, you may forfeit your right to a hearing, which can lead to the suspension of your license. Your lawyer can help you with each next step.

Get Representation Today

Everyone makes mistakes, and hiring a California DUI defense lawyer could help prevent that mistake from following you around for the rest of your life. The legal team at Gibbons & Gibbons can help you build your case, strategize a defense, and present the case on your behalf in a court of law. You do not need to face this alone. Contact us today to schedule a consultation.