Oakland First Offense DUI Penalties
Being accused of a first time DUI offense could be a difficult experience, as it may be your first interaction with the law. Oakland first offense DUI penalties could be confusing and potentially harsh without proper guidance. By contacting a skilled first-time DUI attorney, you could gain useful knowledge of what may occur following an arrest and potential conviction. Reach out today for a free consultation.
How the Prosecution May Handle a First Time DUI Offender
Most prosecutors in Oakland and other jurisdictions may operate from “standard first” offers. If there is nothing clearly aggravating or egregious about the offense, the DA may give a standard offer. In the event that, the blood alcohol is a below a .15% and there are no other factors, there could be a standard offer.
There are guidelines about how to craft the offer that is set internally, which may stem from a plea deal or jury verdict. This decision by the court may lead to particular Oakland first offense DUI penalties, such as fines or jail time.
Potential Aggravating Factors
Receiving a standard offer could be one of the potential Oakland first offense DUI penalties that a person could face. Certain aggravating factors may affect this, such as:
- Minors in a vehicle
- High BAC (blood alcohol concentration)
- Underage drinking
These factors could lead to additional custodial times or longer DUI school.
Treatment of First-Time Offenses in Court
DUI cases could be resolved via an agreement or trial between the prosecution and the defense attorney. The terms of the deal may be negotiated and agreed upon by the two parties, or argued in front of a jury. The court could impose the sentence the two parties agree on and not be involved in the process when there is a negotiated disposition between the two parties.
The courts may only be involved when there is a DUI trial and a guilty conviction. Oakland first offense DUI penalties may not involve jail time, even after a conviction. As as a result, the majority of DUI cases may be resolved by agreement between the district attorney and the defense lawyer.
Potential Oakland First Time DUI Penalties
The maximum penalty for a first-time DUI in California is a $1000 fine and up to six months in jail – although the maximum penalty may not be usually imposed. An individual’s license could be suspended for up to six months and they may be required to take the first offender DUI class to get full driving privileges reinstated. An individual could be placed on probation in lieu of jail and subject to additional terms and conditions such as:
- Terms regarding alcohol consumption
- Installations of an ignition interlock device
In the event, that an IID (ignition interlock device) is required and not installed, an officer could arrest an individual during any routine traffic stop. A police officer could see that a person is on probation arrest them for violating probation by failing to install the device. This may result in new charges that could lead to the maximum penalty being given.
Use of Diversion Programs
Once DUI offenses are filed by the district attorney’s office in court, no diversion is available, however, those who have served in the military or are active duty may be able to show that there may be a connection between alcohol abuse and their military service. By demonstrating this connection, it may provide a reason for the diversion. A successful petition using this defense may include arguing that veterans could be referred to military diversion as an Oakland first offense DUI penalty.
Contacting an Oakland DUI Attorney
Oakland first offense DUI penalties could be stressful to take on alone. By contacting an adept criminal attorney, you could help to defend your case. Reach out to learn more about potential consequences.