California DUI Penalties 2013
The State of California delivers harsh penalties for driving under the influence of drugs and alcohol. These penalties may include fines, license suspension, and imprisonment. The penalties are harsher for repeat offenders. Violators of the law who exceed the fourth offense may gain a felony charge. DUI cases involving accidents can be a felony even without any prior convictions. Punishment for California DUI in 2013 varies greatly from county to county and even from courthouse to courthouse within each county. If you’ve violated this law, here is a general idea of what you can expect.
What You Need to Know if You’re Arrested for a DUI
CA DUI penalties 2013 are comprised of 23152 (a) and 23152 (b). Under the 23152 (a), it’s unlawful for any person to drive a vehicle under the influence of an alcoholic beverage or drug. Regardless of what your BAC or blood alcohol level, you can be convicted of the offense. Some people have been convicted of driving under the influence with a BAC of 0.01 percent or with no BAC. Remember, this charge involves alcohol and/or drugs. 23152(b) is the more commonly known legal limit of .08.
Usually police will pull you over if your driving is impaired. This may include speeding, getting into an accident, weaving in and out of lanes, driving too slowly, and failure to use a turn signal. For instance, a person can be pulled over and tested for DUI if they failed to stop at a stop sign.
What are the Penalties for DUI Charges?
The CA DUI penalties 2013 consisted of incarceration for a maximum of one year on a misdemeanor and that number goes up for any enhancements such as priors, accidents, refusals, injuries, etc. There is also a maximum fine of $1,000. However this fine will be multiplied using “penalty assessment which result in your actual fine being thousands and thousands of dollars. License suspension is required in most instances, but the driver may be eligible for temporary restricted driving privileges in some cases.
The CA DUI penalties 2013 may get even more severe if another violation is made within 10 years. In this instance, incarceration may be up to one year and a minimum period of jail is mandatory. Your license may also be suspended in this instance for a longer period and you may lose the option of having a restricted license. Habitual offenders with two or more priors can expect that their mandatory minimum jail sentence will be 120 days.
How to Negotiate a Resolution
Plea bargains can be negotiated with proper representation. Qualified attorneys may take police officers off the streets to provide testimony in a court of law. This can help drivers avoid conviction and keep their driving privileges. Some defendants may relinquish privileges to get a less harsh sentence. Probationary sentencing is also available and can be supplemented with DUI education, which may entail an 18 or 30 month program to get licenses restored. It’s important to know your rights and take the proper steps to avoid harsher penalties.