DUI's

**IMPORTANT**    To preserve your right to a DMV hearing , you should immediately call the DMV at (916) 227-2970 to request a DMV Hearing within 10 days of your arrest date.

1st Offense: Fees $950.00.  This includes a free initial telephone or in person consultation, scrutinizing the police reports and blood alcohol test, additional conferences with you, conferences with witnesses, plea negotiations with the District Attorney assigned to your case, and all court appearances through the pre-trial resolution of your case.   No additional fees will be required unless we go to trial in your case.

Sentencing for a standard first offense DUI may include:

  1. A three month to nine month long DUI class which meets twice per week and costs $600.00 and up.
  2. Anywhere from two days work project to 6 months in county jail.
  3. Court fines, fees and penalty assessments starting at $2,200.00 ranging up to approximately $4,000.00.

Wet Reckless

Under limited sets of facts we are able to negotiate the case so as to reduce the charge from a standard DUI to wet reckless (alcohol related reckless driving).   Although a wet reckless will still be considered prior DUI related offense should you be charged with another DUI within the following 10 years, the sentence for a wet reckless is substantially less than that for a DUI.  A wet reckless sentence generally does not include any jail time.  The fines are approximately one half that of a standard first offense.  Whereas the Victim Impact Panel is still required, a wet reckless class is ordered in lieu of DUI class.  The wet reckless class is a 6 week class broken into 2 hour segments one time per week.

DMV Penalties regarding driving privileges (Wet Reckless or First Time DUI)

The DMV gives you 2 options regarding the suspension of your driving privileges after a 1st offense or a wet reckless.

They are:

1.    Four month complete suspension of driving privileges.

2.    One month suspended license followed by a five month restricted license.   A restricted license allows you to drive for employment related purposes and to and from the First Offender Program.

                    Requirements for the restricted license include:

  1. SR-22 form proof of insurance.
  2. Proof of enrollment in the First Offenders Program (DUI school).
  3. Payment of $120.00 to DMV for re-issue fee.

** If you refuse a chemical test, you will be penalized with a one year suspension of  your drivers license and 2 extra days in jail.

** If you are under the age of 21, your license will be suspended for one year but you may apply for a critical need license through the DMV.

** If you are charged with a DUI with injuries, your license will be suspended for one year.

2nd Offense ( within 10 years)  Fees: $1,500.00

Sentencing may include:

    A minimum of 96  hours in jail which may be completed in 48 hour increments and 10 days work project and a maximum of 1 year in the county jail.

    18 month Court certified 2nd offender class.

    Court fines, fees and penalty assessments starting at $1,600.00 ranging up to approximately $4,000.00.

    Loss of License for 18 months (you may qualify for a restricted license after 12 month suspension)

    Transfer of any vehicle registered in your name or the placement of an ignition interlock device on your car for a monthly fee.

3rd Offense ( within 10 years)  Fees: $2,000.00

    A minimum jail time of 120 days, at least 48 hours of which shall be continuous, and a  maximum jail sentence of 1 year in the county jail.

    Court fines, fees and penalty assessments starting at $1,600.00 ranging up to approximately $4,000.00.

    Loss of driving privileges for 3 years.

    Vehicle impoundment at your expense for one to ninety days (unless you were driving another persons vehicle or you are exempted pursuant to 23195 Veh. Code).

 

Felony DUI's

If you are arrested for your 4th DUI offense within 10 years, then you will be charged with a felony DUI.  Also, if you are in a DUI related accident where someone (including yourself) was injured, you may be charged with a Felony DUI.

Fees $3,500.00.    You must appear at all court proceedings in a felony DUI case.

Please contact our office for a free consultation.  Our attorneys will be able to advise you regarding the possible sentence in your case.

Phone (916) 441-4410 or email.

Additional information? Call (916) 441-4410 or email.

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