Former DUI Prosecutor Richard Wagner defends clients arrested for their first DUI alcohol and DUI drugs cases. Ask anyone who knows, DUI cases are the most complicated types of criminal defense cases to defend. DUI Attorney Richard Wagner continues to attend DUI defense attorney education courses and seminars and read the current scientific literature to make him one of the most sought after DUI attorneys in Southern California.
DUI Attorney Richard Wagner has developed superior skill over many years, day after day, to defend you.
DUI prosecution and aggressive DMV suspension / revocation action against your California driving privilege.
First DUI – Vehicle Code Section 23152
If you are 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 base fine of $390 to $1000, which does not include penalty assessments, fees, and state surcharges (see below).
If you are 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, and
– drive without a valid license or insurance.
Penalty assessments, fees, and state surcharges. These significantly jack up the 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 suspend your driver’s license for 6 months. If you were ordered to do a 9-month DUI program, the DMV suspends your driving privilege for 10 months. The DMV will not reinstate your license until you file proof of financial responsibility (SR-22) and proof of successful completion of a DUI program.
Disallowance of restricted license. When the court determines you would present a traffic or public safety risk, the judge may prohibit the DMV from giving you a restricted driver’s license. Do not let this happen to you. DUI Attorney Richard Wagner will get you a restricted license at the earliest possible time.
FIRST DUI – Defend Against Excessive Punishment
The prosecutor will ask the court to consider your blood alcohol level, refusal to take a chemical test, children 14 or under in the car, 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.
Restitution. The court must (1) impose a restitution fine of no less than $150 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 DUI 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.