Jail Time For A First Offense DUI
Any Orange County attorney knows that a first offense DUI in Orange County can result in jail time. This is true even if the DUI does not result in injury. Vehicle Code section 23152 authorizes a sentence of up to six months in the Orange County jail. However, in Orange County, most first offense DUIs do not draw any jail time at all. On the other hand, some first offense DUIs are required by law to be punished with mandatory time in jail. For example, having a child of 14-years or younger in your vehicle while you commit DUI requires at least 30 days in jail. Also, exceeding the speed limit by 20 miles per hour while driving recklessly requires a minimum sentence of 90-days in jail.
In other cases, a first offense DUI will draw some jail time if the judge or DA find an aggravating factor. These factors include a non-injury collision, arguing with or obstructing the police, refusing to take the mandatory breath or blood test (refusal), having minors over the age of 14 in the vehicle and reckless driving. In these cases it may particularly important for the defendant to be represented by a skilled Orange County DUI lawyer. Effective advocacy in court can make all the difference between freedom and actually serving time in the Orange County jail.
An experienced Huntington Beach DUI lawyer can spot any weakness in the DA’s case and use it to leverage a settlement that keeps you out of jail. Moreover, a good San Juan Capistrano DUI attorney will also know when the case against you is solid. In that case your Orange County attorney will need to rely on their reputation when they present “mitigation” evidence justifying and supporting a “no-jail” offer.
Other Mandatory Punishment For A First Offense DUI
Any first offense DUI must, by law, be punished with at least three years of “informal” probation. This means, essentially, that if you are arrested for any felony or misdemeanor in the next three years the judge can give you some, or all, of the six-months of jail hanging over your head. Violating any other term of your probation, such as having any alcohol in your system while driving, can also result in jail.
Another mandatory term of punishment is completion of an alcohol program licensed by the state. The alcohol program will be three, six or nine months, depending on your blood alcohol content (BAC). A BAC of 0.14% or less requires a three-month program. A BAC of 0.15% to 0.19% will get the six-month program, and a BAC of 0.20% or greater must get the nine-month program.
First Offense DUI Driver’s License Suspension
All driver’s license suspensions are issued by the DMV, not the court. Moreover, the DMV actually issues two suspensions in the case of a first offense DUI. The first is called the Administrative Per Se (APS) suspension. This four-month suspension starts automatically 30-days after the arrest unless your San Clemente DUI attorney requests a hearing within 10 days of the DUI arrest. If a hearing is requested, then the APS suspension is not issued unless your Newport Beach DUI attorney loses the DMV hearing.
The second driver’s license suspension resulting from a first offense DUI is the six-month conviction suspension. When a driver pleads guilty to DUI in court, the court reports the conviction to the DMV. The DMV in turn issues the conviction suspension. The driver does get credit for any time they already served for the APS suspension. In order to avoid any suspension, your Fountain Valley DUI lawyer must win the APS hearing and avoid a DUI conviction in court. This is often done by leveraging a weakness in the case to get a wet reckless offer.
Free Telephonic Consultation With An Orange County DUI Lawyer
At The Law Office of EJ Stopyro we offer a free and confidential telephonic consultation with an Orange County DUI attorney who has handled hundreds of first offense DUIs in the Orange County courts. Call us today at (949) 559-5500 today. EJ will be happy to evaluate your case right over the phone and explain your options. Our main office is at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 but we have meeting offices throughout the county.