The
laws regarding DUI have changed to slowly become harsher, and easier to prove
from prosecutors in court, year by year for decades. Prosecutors focus on the punishments, to
deter others from violating the rules, and to show that those that are accused
are being dealt with harshly for a societal ill.
Sentencing
and punishment are the threats that we have to face whenever a law is proven to
have been broken. Some punishments cost money, for others its time, or work and
effort to satisfy the court, and with a DUI, the DMV regarding driving
privileges.
Committing
the act of DUI has penalties that are meant to equal the offense society takes
towards drunk drivers. The majority of the people who are arrested for DUI do
not intend to break the law; they are just out to have a good time with their
friends.
Orange
County courts, and OC prosecutors, through the District Attorney’s office, takes
drunk driving very seriously when it comes to enforcing DUI. Once you are
convicted of DUI anywhere, it's there for years. A second offense within ten
years can be charged as a DUI with a prior, and insurance companies can raise
your premiums and rates for three years.
While
you may expunge a conviction at the end of probation, you cannot remove the
conviction from your driving record. This can impact your life in multiple ways. Of
course, the legal implications of a DUI charge can be a nightmare.
It is very important that you hire an efficient orange county criminal lawyer that can help untangle the legal web and minimize those consequences so that you can put the past behind you and look forward to a sober future behind the wheel.
Here are DUI penalties that most
often than not, can result in a long-term negative effect on our lives.
License Suspension
The
DMV gives you an opportunity to challenge the automatic license suspension, but
only gives you a short ten day time period to request a hearing to avoid that
suspension. The amount of any DMV license suspension varies depending on whether or
not there was a refusal, or any priors.
For a
first offense, with no other factors, if you get convicted of DUI in Orange
County, you will have your license suspended for four months. If you are
alleged to have refused a chemical test, and if the DMV can prove the refusal,
then you can expect a license suspension of 1 year. The DMV will grant a
restricted license, which allows driving for work purposes, if you take certain
steps.
The Costs of a DUI:
Fines and Fees
A drunk
driving conviction is expensive, in a number of ways. Paying large fines to the court (which allows
you to pay in payments, or work off the amounts through community service), is only
one part of the many penalties. Add in the costs of an alcohol school, the potential
loss of employment, insurance increases and ignition interlock devices and
other costs and you will find the monetary amounts rise rapidly.
Car Impoundment
Even
if you do get to keep your job, how are you going to get there without a
vehicle? Having your car impounded is rare, but if you had a suspended license
at the time, it can be another inconvenience to you and your family. It will
also mean having to spend even more money to get to work, unless you have a
friend that can drive you back and forth every single day.
Community Service /
CalTrans
This
DUI penalty will give you the opportunity to impress friends and family. No,
not really, your community service may involve you picking up trash on the
highway. Not glamorous, not fun, but undoubtedly humbling and a great
opportunity for a person to think about their DUI.
DUI School
You
will also probably get another chance to go to school – Alcohol School. The
length of the alcohol school usually depends on your alcohol level at the time
of your testing or arrest. The alcohol
program for a first-time offender is three months, six months, or nine months
for alcohol levels at or above .20% or refusal cases.
Ignition Interlock
Device (IID) Installment
An
ignition interlock is not normally required for Orange County DUI cases. To earn this penalty, you either have
multiple offenses, or are facing a Los Angeles County DUI. (Although note that
starting in 2019, an IID will be required for all DUIs). An interlock device is
placed on your car's ignition and will not allow you to start the car unless
you are sober.
Probation
Being
convicted of a DUI comes with mandatory probation of three years or more. You not
have to meet a probation officer, but you are on special status – you cannot
get another misdemeanor or felony, and you cannot drive with any alcohol in
your system until you are off probation.
Jail Time
Nobody
wants to end up in jail, but depending on the circumstances of your DUI, jail
time could be a possibility. This is one of the worst DUI penalties in my
opinion, and one that most want to avoid.
Jail time is only mandatory for a second time (or higher) DUI, but with
accidents, a hit and run, multiple suspended license violations, jail could be
a possibility. There are alternative
sentencing options that will keep you out of jail, however.
Other Issues with a
DUI
Not
only will you pay fines, lose your DUI license, go to DUI school, etc., but a DUI
will impact your life in many other ways as well. You will carry around the DUI
stigma. You may lose your job. Your car insurance will go up. Your credit may
be hurt and depending on the circumstances of your case; you may lose the right
to own a firearm.
