If you're like most people, you probably think you know everything there is to know about California DUI law. However, what you may not realize is that the laws surrounding DUI offenses are constantly changing. The laws in California are some of the most complexes in the country. If you've been charged with a DUI, it's important to get accurate information about how the law applies to your specific case. In this article, we will give you answers to the most common questions about California DUI law.
Frequently Asked Questions About California DUI Law
If you've been arrested for DUI in California, you may have a lot of questions about what happens next. Here are some of the most frequently asked questions about DUI law in California:
- Is DUI in California considered a felony?
Most people think that DUI is always a felony, but in California, it depends on the circumstances. If this is your first offense and there were no injuries or property damage, then it is considered a misdemeanor. However, if you have prior DUI offenses or if someone was injured because of your intoxication, then it can be charged as a felony.
- Is jail time required for a DUI in California?
While jail time is a possibility for anyone convicted of driving under the influence in California, it is not mandatory. The decision of whether or not to sentence someone to jail time is up to the judge presiding over the case. Factors that will be considered include the severity of the offense, the defendant's criminal history, and whether anyone was injured as a result of the DUI.
- Do you lose your driving license for a first DUI in California?
You will not lose your driver's license for a first DUI offense in California. However, you may be required to attend a mandatory alcohol education program and install an ignition interlock device (IID) in your vehicle. If you refuse to submit to a chemical test, your license will be automatically suspended for mostly one year.
- What will being charged for a DUI cost me?
The average DUI in California will cost you around $15,000. This includes the cost of hiring an attorney, bail, increased insurance rates, and other fees associated with a DUI conviction. If you are facing a first-time DUI offense, you can expect to pay on the lower end of this range. However, if you have previous convictions or your blood alcohol content was particularly high, you may be looking at paying closer to $20,000. Of course, these are just estimates, the actual amount you'll end up paying will depend on the specific circumstances of your case.
- In California, who must attend DUI school?
Anyone who is convicted of a DUI must attend DUI school. This includes first-time offenders as well as those with prior convictions. The length of the class and other requirements will vary depending on the individual's situation.
- What is the duration of a DUI program in California?
Most DUI programs in California will last between three and nine months. However, the specific length of time will depend on the severity of your offense and whether you have any prior DUI convictions. For a first offense, you will typically need to complete a three-month or nine-month program. For a second offense, you will need to complete an 18-month program. And for a third or subsequent offense, you will need to complete a 30-month program.
- Is it necessary for me to go to trial if I hire an attorney?
This is a common question that people asked. The answer, unfortunately, is maybe. If the prosecutor has a strong case against you and is unwilling to negotiate, then you may have to go to trial to get the best possible outcome for your case. However, if the prosecutor does not have a strong case or is willing to negotiate, then going to trial may not be necessary. An experienced DUI attorney will be able to evaluate your case and advise you on whether or not going to trial is necessary.
- What is the first 24 hours after a DUI like?
The first 24 hours after a DUI are crucial. You need to know what to do and what not to do to protect your rights. The most important thing is to get in touch with a DUI lawyer as soon as possible. A good DUI lawyer will help you navigate the legal process and make sure you understand your rights.
We hope this article helped answer some of your questions about the DUI law in California. If you still have any concerns or would like to discuss your case with an experienced attorney, please do not hesitate to give us a call. Our team is here to help and we would be happy to answer any questions you may have.
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With Lynn Gorelick you don't have to face criminal charges alone. You will receive personal attention to your case. Ms. Gorelick will be the one to appear in court with you from beginning to end. Ms. Gorelick, herself, will be doing your DMV hearings. You will not be handed off to another attorney or associate. You deserve this kind of attention to your needs at this stressful time. Ms. Gorelick has represented people charged with DUI for over 38 years. She has NEVER been a prosecutor who pursues convictions. She has only DEFENDED people accused of crimes. Contact us today for your consultation!
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