Driving under the influence (“DUI”) means that at the time a person is driving a vehicle, they were under the influence of an alcoholic beverage, a drug, or a combination of both. Being under the influence means that, as a result of consuming that alcoholic beverage, drug, or both, they are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

The courts and law enforcement take DUI cases very seriously, and a conviction for DUI can carry serious consequences, even for a first offense.

For a first DUI offense within 10 years, consequences can include:

  • 5 days to 1 year in county jail
  • $390 to $1000 in fines, plus court costs
  • 3 to 5 years of informal probation
  • 1-year license suspension
  • Completion of AB541 DUI school
  • Completion of Hospital & Morgue volunteer work
  • Completion of a MADD victim impact class
  • Mandatory Ignition Interlock Device (IID) installed for 5 months
  • Attending AA/NA meetings

For a subsequent DUI offense within 10 years, consequences can include:

  • Minimum 120 days in jail; and
  • $390 to 5000 in fines, plus court costs; OR
  • 30 to 365 days in jail; and
  • $390 to $1000 fine; PLUS
  • 3 to 5 years informal probation
  • Attending and completing the SB38 multi-offender program
  • 3 to 5-year license revocation
  • Attending and completing Hospital & Morgue volunteer work
  • Attending and completing the MADD victim impact class
  • Mandatory IID installation
  • Attending AA/NA meetings

If a person has three or more convictions of DUI within 10 years, a subsequent arrest for DUI can be charged as a felony, with resulting prison time.

The DMV also takes its own action after a person is arrested for DUI, independent of any formal criminal proceedings in court. It is very important that, in order to avoid an automatic license suspension with the DMV, the person must schedule their administrative hearing within 10 days of their arrest in order to fight for their license. Otherwise, it will automatically be suspended.

Having an attorney with particular knowledge of both sides of a DUI case is invaluable in defending against these charges. Don’t wait, call the Law Office of James McGee today!