What will happen if I am Convicted for a DUI?
First of all an arrest for a DUI is not a conviction and will not result in any
long term repercussions unless you are convicted in Court and/or fail to
request a DMV hearing. With that being said, you must understand if you
do not hire a Lawyer to fight the case your chances of avoiding a conviction
are not good. Experienced Burbank Drunk Driving Attorneys such as
ourselves have very high success rates for their clients and are able to avoid
the mandatory consequences of a drunk driving in many cases. The
following information assumes the person does not choose to fight his or her
DUI or DWI and simply wishes to plead guilty and/or not hire a Lawyer to
challenge the case and DMV suspension:
DMV License Consequences:
Age 21 or Over, With Chemical Test:
1st Offense: Four months Drivers License suspension.
2nd Offense: One year suspension.
3rd Offense: Two year revocation.
4th Offense: Three year revocation.
1st Offense: Drivers License suspension for one year, with no possibility of
provisional or restricted license.
2nd Offense: License suspension for two years.
3rd Offense: License suspension for three years.
4th Offense: License revocation for four years.
For drivers under the age of 21 at the time of the arrest, a one year license
suspension will be imposed. However, an experienced attorney can help in
acquiring a critical need restriction for work, school or medical appointments.
Court Consequences on the 23152 DUI charges
Some courts do not require jail time on a first-offense, unless there are
grounds for a sentence enhancement (such as a minor in the car, speed
enhancements, a blood alcohol concentration (BAC) of .20% or higher,
refusing the chemical test, or others). Other courts require some jail time (48
hours to 10 days), even on a first offense. Installation of an Ignition
Interlock Device for a period of 5 months on all vehicles registered to the
The required alcohol education program will also vary. The standard
program is once a week for 12 weeks; however, where the BAC is .15% or
higher, a six or even nine month program will be ordered.
2nd Offense (One prior conviction within last 10 years):
By law, the mandatory minimum jail time on a second offense DUI is 96
hours, although this can be served in two 48-hour periods. Some courts will
allow city jail. Still other courts will routinely impose much harsher jail
sentences on a second-offense DWI, with sentences of 30 days or more.
The SB-38 alcohol education program for a second offense DUI is 18
months long. An ignition interlock device will be required for a minimum of 1
year on all cars registered to the home of any person convicted of a DUI.
3rd Offense (Two prior DUI convictions within last 10 years):
A California mandatory minimum jail sentence of 120 days and 3 year
license revocation. (** New legislation as of 2007 may allow you to obtain a
restricted license for work purposes, contact the attorney for help)
4th Offense (Three or more DUI convictions within last 10 years):
A fourth offense Drunk Driving conviction is a "wobbler", meaning it can be
charged as a misdemeanor or a felony. Punishment can range from up to one
year in county jail, up to three years in a California state prison.
DUI Sentence Enhancements in Court:
Enhancements are added punishments the Judge must order for cases
involving special factors or what the law considers more egregious conduct,
some examples include:
Refusal to take the chemical test;
BAC of .15% or .20% or higher;
Speeding 20 miles per hour above speed limit on side streets, or 30 mph
over the speed limit on the freeway, where driving recklessly and DUI,
(requires 60 days in jail if convicted);
Minor in car while driver DUI;
Injuries (VC 23153);
Drugs in system in addition to alcohol
Any of these sentencing enhancements can result in additional fines, jail time,
impounding of the car, requirement of attendance at AA meetings or other
educational programs, attendance at a Mothers' Against Drunk Driving
Victim Impact Panel, imposition of the Hospital and Morgue Program, in
patient alcohol treatment, Cal Trans work crew, SR-22, etc..
If you or a loved one has been arrested for a drunk driving or DUI, call us
today for a free one-on-one consultation with a Lawyer who knows the
system and how to protect your rights, Toll free at 1-877-617-4485
The time to take action for a DUI arrest is now, do not wait for your license
to be suspended, driving on a suspended license carries mandatory jail.
BURBANK CRIMINAL DEFENSE
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485