Over the years penalties for Driving Under the Influence (DUI) have become harsher. With few exceptions (How To Obtain a Restricted License After a Second Conviction) the penalties and related licensing consequences an individual will face if convicted of driving under the influence will cause many to suffer additional hardships in both their personal and professional life. Below are the penalties an individual may face for a first time conviction for driving under the influence. The ultimate penalty imposed will depend, in most instances, on the rules and/or practice of the jurisdiction where the offense occurred.
First Offense Vehicle Code section 23152 (Within 10 Years, Veh. Code, § 23538 (Probation Granted).)
If a person is convicted of a first violation of section 23152, that person shall be confined in the county jail for at least 48 hours but not more than six months, and pay a fine of at least $390 but not more than $1000. The individual will have his or her driving privilege suspended by the Department of Motor Vehicles pursuant to Vehicle Code section 13352(a)(1). The period of suspension shall run six months. However, the period of suspension will run concurrently to any suspension that was imposed pursuant to Vehicle Code section 13353.3. (Veh. Code, § 13353.3(c).)
The individual will also be ordered to attend an alcohol and other drug education counseling program, licensed pursuant to Chapter 9 of Part 2 of Division 10.5 of the Health and Safety Code. If an individual’s blood alcohol concentration was not greater than .20, the program, in most instances, is 3 months. If an individual’s blood alcohol concentration was .20 percent or more, the program is, in most instances, 9-months. The license suspension that will be imposed for an individual with a blood alcohol concentration greater than .20 percent is 9-months.
The penalties for driving under the influence are severe. In addition, an individual may face increased insurance premiums and other related consequences. Therefore, if you have been arrested for driving under the influence you should contact an experienced Fresno Criminal Defense Attorney. We provide each of our clients with an unparalleled defense. Please contact an experienced Fresno DUI Attorney today if you have been arrested on suspicion of driving under the influence. Consultations will be made, in most instances, the same day. And, as always, there is no charge for discussing your case.
In Madera County, you should contact an experienced Madera Criminal Defense Attorney.