DUI Court Penalties

If you or a loved one has been charged with a DUI, you should immediately contact an experienced Orange County DUI Attorney to represent you and defend you in court. The Court penalties vary from one person to another depending on whether the person has been convicted of a DUI in the past, whether the person caused injury to persons or property, and the person's blood-alcohol level (BAC) at the time he or she was arrested for a DUI.

Also, if you are charged with a DUI that resulted in serious injuries to persons, you may be charged with felony DUI. To assess your situation, you should contact Mr. Weinberg and inform him of the facts of your case. He will give you an accurate assessment of the potential DUI court penalties that you may face.

Potential DUI Court Penalties

If a person is convicted of a first time DUI, the consequences include being sent to jail for a maximum of six (6) months for misdemeanor DUI. Consequences also include paying court fees and a fine that ranges from $390 to $1,000. Also, if you caused injuries to person or property while you were driving under the influence, the court will require you to pay restitution to your victims. Almost all first-time offenders will be required to complete a 3 to 9 month DUI education program.

For persons convicted of a second time DUI, consequences include being sent to jail for a maximum of one (1) year. A conviction carries a mandator ninety-six (96) hours in jail. Also, you have to take into account court fees and fines that range from $390 to $1,000. If you caused injuries to persons or property, the court might order you to pay restitution to your victim(s). Also, since this is your second DUI, the court will order you to complete either an 18 month or 30 month DUI education program.

For a person convicted of a third time DUI, he or she faces 120 days to one (1) year in county jail. The court may impose court fees and fines that range from $390 to $1,000. Also, the court will order the individual to complete a 30 month DUI education program. Also, if you injured any person while driving under the influence, the court may order to you pay the victims restitution.

Additionally, whether this is your first, second, or third drunk driving charges, the court may order you to install an ignition interlock device (IID). The IID is a device that will not allow you to turn on or operate your vehicle by testing your breath for traces of alcohol. If the device detects alcohol in your breath, it will prevent you from turning on your car.

The consequences that we covered only include court penalties. The DMV may assess its own penalties. The DMV may suspend your driver's license if you're convicted of a DUI. The DMV will know to suspend your license after the court communicates your conviction to them. Once the DMV suspends your driver's license, you may be able to obtain a restricted license to drive to and from work or school.

This minimizes any impact the suspension has on your livelihood. To obtain a restricted driver's license, you should hire experienced DUI Attorney William Weinberg to defend you and fight for you to obtain a favorable plea deal that allows you to obtain a restricted license.

Aggravating & Mitigating Factors

The type of sentence you will receive after being convicted of a DUI depends mainly on how many DUIs you've previously been convicted of. For example, your first DUI has consequences, but they aren't as harsh as the consequence for a second, third, or fourth DUI.

Also, your blood alcohol (BAC) level at the time you're arrested for a DUI will determine the length of your sentence, as well as whether the prosecutor is willing to reduce your DUI charge to a wet reckless or a dry reckless.

The court will also take into account whether you caused any injury to person or property. For example, if you caused an accident that injured others, the prosecution might charge you with a felony DUI instead of a misdemeanor DUI.

If you've been convicted of a DUI, a subsequent DUI will count as a second offense DUI if this is your second DUI within a ten (10) year period. So, if you've been charged with a second DUI that is more than ten (10) years after your first one, your current DUI counts as a first offense DUI, and you will be treated as a first offender. That said, the prosecution will know that you've been convicted in the past, and that may cause them to become less lenient when negotiating a plea deal with your attorney.

Contact Us

If you've been charged with a DUI, whether it's your first, second, third, or fourth DUI, you should immediately contact Orange County DUI lawyer William Weinberg, he has the knowledge and experience to have the charges against you dismissed or negotiate the best plea deal possible for you. You can contact Mr. Weinberg by emailing him at bill@williamweinberg.com or calling him at (949) 474-8008.

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