DUI
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Los Angeles DUI Lawyer
What is Considered Drunk Driving in California?
California DUI Penalties
- 1st Offense Misdemeanor - up to 6 months in county jail, up to $1k in fines, up to 9 months DUI school, &/or up 6 month interlock ignition device
- 2nd Offense Misdemeanor - up to 1 year in county jail, up to $1k in fines, up to 30 months DUI school, &/or up to 2 year suspended license/1 year interlock ignition device
- 3rd Offense Misdemeanor - up to 1 year in county jail, up to $1k in fines, up to 30 months DUI school, &/or up to 3 year suspended license/2 year interlock ignition device
- DUI w/injury (Misdemeanor) - up to 1 year in county jail, up to $5k in fines plus restitution to injured parties, up to 30 months DUI school, &/or up to 1 year suspended license/6 month interlock ignition device
- Felony DUI - up to 3 years in state prison, up to $1k in fines, up to 30 months DUI school, &/or up to 5 year suspended license
- DUI w/injury (Felony) - up to 16 years in state prison, up to $5k in fines plus restitution to injured parties, up to 30 months DUI school, &/or up to 1 year interlock ignition device
Criminal Defense
Implied Consent Laws
California also implements “implied consent” laws requiring all drivers who are lawfully arrested for DUI to submit to BAC testing. In most cases, the driver may choose between a blood or breath test.
If a motorist refuses lawful testing, they will face a $125 fine and a period of license suspension based on any previous refusals:
- 1st refusal – 1 year
- 2nd refusal – 2 years
- 3rd refusal – 3 years
Gross Vehicular Manslaughter While Intoxicated
- gross or ordinary vehicular manslaughter while intoxicated;
- vehicular manslaughter while operating a boat;
- DUI causing injury.
An experienced DUI attorney can potentially help defend against gross vehicular manslaughter while intoxicated charges, though. For instance, they could argue that the defendant’s negligence did not cause the alleged victim’s death or that the defendant was facing a sudden emergency and acted reasonably under those circumstances. In any case, it is advised to consult with a legal professional to strategize the most effective and appropriate defense.
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