Much depends on the circumstances (accident, excessive speed, etc.) and your level of intoxication, but a first-time DUI carries a minimum of a fine of about $2,000.00 (once penalty assessments are added), a possible six-month CDL suspension (which may be converted to a restricted license), a 90 day alcohol class and 3 years summary probation.
The DMV take separate administrative action and, to avoid a license suspension going into effect automatically, you must request a hearing with the DMV within ten (10) days of the stop.
Myself and others here offer free initial consultations and I would recommend you speak to several attorneys to determine who you wish to represent you.
There are so many variables that it really makes sense to talk with some attorneys. Usually, if you suffer a DMV loss, you can get a work/school restricted license after 30 days "hard" suspension.
Most of us here on AVVO will give a free consultation so you don't have anything to lose. But don't delay, call ASAP because there are some pressing deadlines (like DMV). Good Luck!!
Troy Slaten, Esq. DUI Trial Lawyer 310-824-8896
There are two aspects to a DUI: the DMV administrative Hearing and the Court proceeding. It is important to preserve your right to a DMV hearing by making the request within 10 days of the incident. An attorney who handles DUIs can also represent you for the DMV hearing.
To answer your question, generally speaking, there is a four month suspension associated with a first time DUI, which can be converted into a thirty day suspension followed by a five month restricted license (allows to and from work and the alcohol treatment program.) During the initial thirty day suspension, you will not be able to drive. And there certain requirements for obtaining the restricted license after this suspension period. As my colleague stated, the fine, inclusive of assessments and court fees, starts at approximately $2000.00. The DUI is priorable for ten years, which means if you have another DUI within that 10 year period, the penalties increase significantly. A DUI conviction could also cause issues with travel to other countries, issues if you are in a licensed profession, and immigration consequences. If filed as a misdemeanor, (first time DUI's typically are...there are exceptions, such as an accident with injuries) you will not have to appear in court...your attorney can appear on your behalf. Retain an attorney to represent you. There are many complex issues involved with a DUI that are worth exploring.
I would not assume that you automatically must have a DUI on your record. It is always possible to get cases dismissed or even reduced to a non - dui offense. Which court is your case out of?
Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.
Need more facts. Punishment for misdemeanor 1st DUI ranges from nothing (usually need a lawyer to get out of both DMV and court consequences entirely) to 6 months in jail.
Typical unenhanced cases go for 3 years informal probation, $2k fine, 3-9 month alcohol class, one month no driving, 5 months restricted driving, lots of extra money for car insurance, loss of reputation, decreased employability, and often a MADD panel or similar.
There are too many factors to consider in order to answer your question. Contact some of the attorneys here on Avvo. Many of us provide a free consultation.
Well at the risk of being redundant a first offense is manageable but it's not something you want on your record. If you did not refuse the chemical test your license suspension at the worst would be nominal. But a DUI conviction can cost you tens of thousands of dollars over the years. Its well worth it to hire experienced counsel. Many of us offer a free consult including our firm.
Los Angeles Defense Attorney
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