DMV license consequences are one thing that your nephew needs to be aware of in a case like this. This is not the type of thing that you can just give a standard answer to because there are too many variables. Age, accident, alcohol level... Best thing to do is contact a local DUI attorney and schedule an office appointment. On a standard 1st time DUI he could be looking at up to six months in county jail (not likely) and thousands of dollars in fines and fees. Get a DUI attorney quick because the clock is ticking on both the court and DMV cases. If you don't know a good DUI attorney look to the California DUI Lawyers Association. DMV needs a hearing demanded within 10 day! Don't wait.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
He is looking at both a criminal prosecution where the maximum jail is 6 months and a DMV action against his driver’s license. I would highly recommend hiring an attorney to assist in this matter. The DMV typically will take away the license for a year based on the age. He only has 10 days to contact the DMV to set up a hearing. Feel free to contact my office.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Fines of apx $1850, possible victim's restitution, Alcohol school 3-9 months, possible MADD Panel, Morgue Class, Community Service, 3-5 years probation (formal or informal depending on court/county), SR-22 Insurance Requirement, 2 points on drivers license, Misdemeanor Conviction, possible jail (depending on facts and jurisdiction), possible 1 year loss of drivers license,
There will be two separate actions taken against him. An administrative action by the DMV where he is likely to lose his license for a year, and criminal action by the courts where he may receive some measure of punishment for his actions. I've been a defense attorney in North County for a number of years and handle a number of these cases, so please feel free to give me a call for a free consultation.
The "legal limit" for someone under 21 years old is 0.0, not .08. His penalties will be, at best, the same as if he was 21 or over, assuming conviction: In SD County it's 5 years summary probation, a priorable misdemeanor conviction, loss of driving privileges, 3 month First Conviction DUI Program, Public Work Service, MADD class, Substance Abuse Assessment evaluation, among others....
Contact several locally experienced attorneys ASAP and hire the best one you can afford. Either way, make sure your nephew sets up his DMV administrative hearing within 10 days.
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