Driving under the influence (DUI) is typically a misdemeanor unless you were involved in an accident and caused injuries to someone else. Regardless of whether you are charged with a misdemeanor or felony DUI, the potential consequences can be serious and have an adverse effect on your personal and professional life. If you are convicted for a DUI, you may have to notify your employer which can lead to losing your job. If your job requires you to drive, a suspension of your license will make it difficult to perform your job duties. If you are volunteering for your child’s school or sports teams, you may be prevented from driving kids to and from their events.
The most common way to be arrested for DUI is by way of a traffic stop or DUI checkpoint. If the officer suspects that you have been drinking, you will more than likely be asked to submit to a breathalyzer and be asked to perform multiple field sobriety tests. Also, you may choose to take a blood test rather than a breathalyzer. If you don’t pass either one, you will likely be arrested.
If charged with a DUI, it will most likely be a charge of Vehicle Code Section 23152(a) which makes it illegal to operate a motor vehicle while under the influence of alcohol or drugs. You will also be charged with Vehicle Code Section 23152(b) which makes it illegal to operate a motor vehicle with a blood alcohol content (BAC) of .08% or higher.
Because of the dangers of driving under the influence, California has imposed sentencing guidelines with a range of possible penalties depending on the circumstances of your case and whether or not you’ve had any prior DUI arrests in the last ten years. Some of the penalties may include county jail, probation, driver’s license suspension, fines (including fees and costs), DUI classes and installation of an ignition interlock device (IID).
Keep in mind that the Department of Motor Vehicles (DMV) may also suspend your driver’s license. You have a right to fight this suspension as well but must request a DMV hearing within ten (10) days after your DUI arrest.
If you or a loved one has been arrested for DUI, do not delay in contacting the DUI lawyers at Avazian & Avazian to protect your constitutional rights and driving privileges. If you want attorneys who will fight to keep you out of jail and try to retain your driver’s license do not hesitate to contact the lawyers at Avazian & Avazian.
Contact one of our DUI lawyers at Avazian & Avazian for a free consultation.