Strikeforce DUI Lawyer Richard Wagner confronts the challenge of defending clients arrested for their first DUI alcohol or drugs cases. He knows DUI cases are the most complicated types of criminal defense cases to defend.
Strikeforce DUI Lawyer Richard Wagner has developed superior skill over many years, day after day, to defend you from DUI prosecution and aggressive DMV suspension/revocation action against your driving privilege.
First DUI – Vehicle Code Section 23152
If not granted probation for your First DUI:
Imprisonment and fine. Conviction of a first DUI is punishable by imprisonment in the county jail for not less than 96 hours (at least 48 hours of which must be continuous) nor more than 6 months, and by a fine of $390 to $1000.
If granted probation for your First DUI:
The conditions must include:
3-5 year probationary period or a period equal to the maximum permissible sentence;
A requirement you do not:
- drive with any measurable amount of alcohol in your blood;
- refuse a chemical test to determine your BAC on arrest; and
- commit a criminal offense.
Probation. When granting probation for your first DUI, the terms and conditions must include a fine of $390 to $1000. The court may also impose a county jail term for at least 48 hours, but not more than 6 months. If the county has an approved DUI program, the court must also order that you participate in the program for at least 3, 6, or 9 months if your BAC was 0.20 % or higher, or you refused or failed to take a chemical test.
Penalty assessments, fees, and state surcharges. These significantly increase the base fine and includes an assessment for alcohol abuse education and prevention programs, and, if applicable an assessment for county alcohol and drug problem assessment programs.
License suspension. The DMV must suspend your driver’s license for 6 months. If you were ordered to participate in a 9-month DUI program, the DMV will suspend your driving privilege for 10 months. The DMV will not reinstate your license until you file proof of financial responsibility and proof of successful completion of a DUI program.
Disallowance of restricted license. When the court, considering the circumstances taken as a whole, determines you would present a traffic or public safety risk if authorized to drive during the 6-month (or 10-month) suspension period, the court may prohibit the DMV from issuing a restricted driver’s license. Do not let this happen to you. DUI lawyer Richard Wagner will get you a restricted license at the earliest possible time.
FIRST DUI – Defend Against Excessive Punishment
The prosecutor will tell the court to consider your blood alcohol level, refusal to take a chemical test, children 14 or under in the vehicle, accidents, flight from an accident scene and other facts to increase your punishment.
Surrender of license. If your driver’s license is required or ordered to be suspended or revoked by the DMV under any section of the California Vehicle Code on conviction of a First DUI, you must surrender your license to the court upon conviction.
Vehicle impound. The court may order that a vehicle used in the offense under California Vehicle Code Sections 23152 or 23153, and was registered to the convicted defendant, be impounded at your expense for 1 to 30 days if you do not have any prior conviction within the last 5 years.
Ignition interlock device. The court may require you install an ignition interlock device (IID) on any vehicle you own, operate, or have access to.
California Vehicle Code Section 23700 requires the DMV to maintain a pilot program in Alameda, Los Angeles, Sacramento, and Tulare counties, requiring first DUI offenders to install an ignition interlock device for all vehicles owned or operated for 5 months.
Restitution. The court must (1) impose a restitution fine of no less than $100 and not more than $1000 (and if probation granted an additional probation revocation restitution fine in the same amount), and (2) order restitution to any victim for any economic losses incurred, unless the court finds compelling and extraordinary reasons for not doing so.
Participation in county alcohol and drug problem assessment program. The court must order you to attend a county alcohol and drug problem assessment program if you have previously been convicted of a violation of California Vehicle Code Sections 23152 or 23153 that occurred more than 10 years ago.
Contact The Law Office of Richard Wagner or call 714-721-4423 for a FREE DUI consultation.