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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Dublin DUI Lawyer

While DUI conviction can have severe consequences, there may be ways to avoid or reduce the consequences. Contacting a Dublin DUI lawyer may be the most effective way to fight back against drunk driving charges and preserve your future.

From finding holes in the prosecution’s evidence to exposing any violation of your constitutional rights, legal advice and counsel can be crucial to a favorable outcome in your case.

First-Time DUI Charges in Dublin

California law establishes different potential penalties for first-time DUI convictions versus subsequent convictions. A previous arrest counts as a prior arrest if it occurred within the past ten years. Therefore, if a defendant is facing a second DUI charge within ten years of the first, they will face the harsher penalties associated with a second DUI offense, but if ten years have passed, they will face first-time DUI penalties. Although a first-time DUI is a misdemeanor charge, it still can result in severe penalties.

The minimum penalties for a first-time DUI charge may include:

  • $1,000 in fines
  • A minimum of 48 hours in jail
  • A license suspension
  • An interlock ignition device
  • Completion of a three-month alcohol treatment program, which may cost several hundred dollars
  • Restitution
  • Court costs and administrative fees
  • Alcohol terms such as “no driving with any measurable amount of alcohol in your system,” “no driving unless properly licensed and insured,” “no refusal of a chemical test while on probation.”

This list is not exhaustive and the consequences can increase if there are enhancements such as speeding, underage drinking, minor in the vehicle, or high blood alcohol. For instance, a high blood alcohol enhancement can result in a lengthier DUI school such as nine months rather than three months.

Additional penalties for a first-time DUI include paying for the impoundment of the vehicle driven for 30 days and the installation and maintenance of an ignition interlock device on their cars after a conviction. A DUI lawyer in Dublin could help minimize the penalties for a first-time DUI conviction to the greatest extent possible.

Second and Subsequent Dublin DUI Charges

For a second DUI conviction, the minimum jail sentence increases to 96 hours, and the maximum jail sentence and license suspension increases to one year. Individuals will also face an additional two years of restricted driving, meaning that they can drive back and forth only to work and alcohol treatment. A second DUI conviction also requires completion of a long-term alcohol treatment program for 18 or 30 months, which can be costly. Ignition interlock device installation is mandatory after a second offense.

Third DUI offenses can result in a minimum of 120 days in jail and for fourth offenses, a minimum of 180 days. Individuals will have their licenses revoked for three years for a third offense and four years for a fourth offense. Completion of a 30-month alcohol treatment program is necessary for individuals ever to regain driving privileges. Fourth DUI offenses can be charged as felonies.

Defendants may also face periods of probation, restricted driving, impoundment of their vehicles for 90 days, or the total forfeiture of their vehicles. Due to the potential severity of the sanctions, a defendant may wish to retain the advice of a criminal defense attorney when facing repeated DUI offenses.

Contact a Dublin DUI Attorney for Advice

Even if no defense permits an outright dismissal, there may still be defenses that could cause the prosecutor to drop or reduce the charges against. A Dublin DUI lawyer may be able to help raise the appropriate defenses in the case and work toward an outcome that is in the client’s best interest.

As DUI cases can move quickly, both through the administrative license suspension process and the criminal justice system, it is important to contact legal counsel right away. A skilled attorney will be familiar with the legal defenses to DUI allegations. By contacting legal representation, the chances for reaching a favorable resolution increase.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer