Common Questions About Drunk Driving Charges
Facing any sort of criminal issue means a stressful time for you and your family. Attorney Ron Cordova has the experience necessary to successfully resolve DUI cases in California. This means that he is well-positioned to answer your questions and ease your mind. Below are a few frequently asked questions and their answers.
How do penalties differ for first, second and third offenses?
Penalties increase if it is a second or later offense. A first offense may mean up to six months in jail, fine of up to $1,000 and a license suspension of six months. For a second offense, you may be looking at jail for up to a year, a $1000 fine and a license suspension of one year. For a third offense you may be looking at jail for up to a year, a $1,000 fine and a license suspension of three years.
Will your driver’s license be suspended?
It may be. What often happens is that the officer who pulled you over confiscates your driver’s license. They then give you a temporary paper license to replace it. This license lasts for 30 days, allowing you to continue driving as your case moves forward. But there is often an automatic license suspension – even before a conviction – so this is an issue you must be aware of.
This temporary license does expire, so you may want to consider options to retain your own driver’s license. You can ask for an administrative hearing with the DMV. However, you only have 10 days to do so after the DUI arrest. It is important to understand what legal steps you can take and to move quickly to protect your driving privileges.
What penalties could you face for drugged driving?
Drugged driving is similar to drunk driving in California. Under state law, both are just a form of impaired driving. It is illegal for someone to begin driving while under the influence of drugs – both illegal drugs and legal substances, like marijuana – and you can even face arrest for driving after using certain prescription medications. California Vehicle Code §§ 23152(a),(c). notes that both drunk driving and drug-impaired driving are illegal.
If you are convicted on drugged driving charges, you could face a six-month license suspension, between 96 hours and six months behind bars, fines of up to $1,000 and more. All of that is just for a first offense, and subsequent offenses see longer prison terms, increased fines and the like.
Can you refuse sobriety tests?
You can refuse field sobriety tests. You do not have to take the walk-and-turn test or the one-leg stand test.
However, under implied consent laws, you do have to submit to a chemical test. If you refuse a breath test, then the state can impose a one-year license suspension and fines. You may also face mandatory imprisonment after a conviction. This is why it’s so important to know when you can refuse tests, what ramifications you may see and what legal defense options you have.
How long does a DUI stay on my record?
A California DUI conviction will stay on your record for 10 years.
Is a DUI a misdemeanor or a felony?
A first, second or third DUI is a misdemeanor if there are no serious injuries or death as a result of the offense. If it is a fourth offense or if someone was hurt or died, it will be a felony.
Reach Out Today To Learn More
These questions are only a few of the ones you may have if you or a loved one is facing a DUI. To speak with an experienced attorney, call Ron Cordova in Irvine today at 949-769-2175. You can also reach out online and Ron will get back to you as promptly as he can.