Being charged with DUI is a rather unpleasant experience and the legal consequences can vary depending on your situation. However, there are several steps that can be taken to successfully navigate this process if you are wondering what happens after a DUI, as long as you are well advised by a criminal defense attorney.
Key Takeaways
- There are many consequences for being charged with a DUI, and these may include paying fines, suspension of the driver’s license, jail time, completion of rehabilitation programs, and community service, among others.
- If you are arrested for DUI you should immediately take a series of actions such as cooperating with the police, not making statements without the presence of an attorney, and consulting with a criminal defense attorney to explore legal options and defense strategies.
- An experienced attorney can help you in many ways when charged with DUI. Among them, they could prevent you from losing your driver’s license.
Don’t let emotions control you if you are charged with DUI! The difference between successfully getting out of a drunk driving case or facing severe consequences both legally and personally is quick action and proper legal representation. At S&B Legal we have highly qualified DUI attorneys who will commit to your case and fight for your rights.
Understanding what happens after a DUI
DUI now what? A host of negative emotions can overwhelm you if you are charged with DUI (Driving Under the Influence of Alcohol or Drugs). If you are in such a situation, do not panic. Face it with the best advice to minimize the consequences.
You can be charged with DUI if an officer detects that you were driving or operating a motor vehicle under the influence of alcohol or another drug. When it comes to alcohol, a DUI arrest is defined by the legal limit allowed while intoxicated.
And what does the law say about it? In California, Vehicle Code 23152(d) is very clear and makes it a crime to drive a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. But if it’s a non-commercial vehicle, the maximum allowed limit is 0.08%. And for those under 21, the laws are stricter: it’s illegal to drive with any amount of alcohol in your blood.
Driving under the influence of alcohol can qualify as a felony. It’s estimated that 3 out of 10 accidents are caused by drunk drivers and California is the second state with the highest number of fatal accidents. Therefore, both the penalties and fines are severe.
What happens after a DUI arrest?
The consequences of being charged with DUI can vary significantly depending on your DUI history and the severity of the case. There can be many undesirable penalties, but here we summarize them:
- Hundreds and even thousands of dollars in fines
- Suspension of your driver’s license for months or even several years
- Going to jail for days, months, or even years
- Participating in a DUI drug or rehabilitation program
- Mandatory alcoholism classes
- Having to install an ignition interlock device in your vehicle
- Higher car insurance rates
- Difficulty finding employment
- Paying restitution for damages done
- If you are an undocumented immigrant, you may be more vulnerable to deportation when charged with DUI. If there are additional offenses attached to your DUI conviction, it could trigger the application of ICE immigration and customs laws
- The outlook is worse if you are charged with DUI and are between 13 and 21 years old, these people will have their driving privileges suspended for one year.
- DUI convictions will remain on DMV records for a decade
How do you pay for a first-time DUI?
This question is very common. As you will see below, the repercussions are not minor.
If you are currently wondering about how to pay for a first-time DUI, you should know that you could face a sentence of up to six months in jail and fines of up to $1,000. In addition, your license could be suspended for six months or you could even receive probation.
Likewise, you may need to attend a DUI school for three to nine months and be required to install an ignition interlock device in your vehicle.
And what happens if you have 2 DUIs? If you are charged with DUI and commit a second offense within a ten-year period, you will face new penalties, such as:
- DUI school for 18 to 30 months
- Fines from $390 to $1,000
- Jail for no more than one year
- Three to five years of probation
- Loss of driver’s license for two to five years
But, if you are charged with DUI for the third time within five years of the second incident, the penalties will be much more severe. In this case, you can get up to $5,000 for payment of a fine, four years of prison, and renewal of the license for ten years. As if that were not enough, by committing this crime repeatedly, you will be considered a habitual offender.
Can I get my license if I have a DUI?
Many people wonder if you can get your license if you have a DUI. In this sense, the news is not very good: if you are charged with DUI and arrested by the police, your driver’s license could be taken away. In exchange, you will receive a temporary paper permit until the court or the Department of Motor Vehicles (DVM) finally decides whether to suspend your license.
One card that can play in your favor is to request a restricted license to drive to work, but it will only apply for restricted circulation (for example, to go to work or DUI school).
Another alternative that you can consider with the help of a good criminal defense attorney is to fight the license suspension by agreeing to have an ignition interlock device installed in your vehicle. This way, the DVM could allow you to drive anywhere while your license is suspended.
What to do after getting a DUI?
When you are arrested for DUI, you should calmly approach the situation and act early to minimize potential penalties. This guide will tell you what to do, step by step:
- Cooperate with the police and stay calm: Do not argue or resist arrest! Respectfully follow the officers’ instructions. However, do not answer questions about your alcohol consumption. Respectfully say that you prefer not to answer them and do not respond with statements such as: “I only had two glasses of wine.”
- Do not testify without the presence of an attorney: any words you say can be used against you in court, and do not admit guilt without discussing it with your DUI attorney first.
- Consult with your criminal defense attorney: you must act early because a driver accused of DUI and arrested only has ten days to request a DMV hearing. If you do not do so within that time frame, your license will be suspended for six months.
- Study the strategy with your legal advisor: Can a lawyer take away a DUI? No, but it will be very helpful in exploring your legal options and working to minimize the potential consequences of your DUI charge, such as fines, jail time, and a permanent criminal record. Additionally, you may be able to explore the possibility that you may be eligible for certain diversion programs that reduce or eliminate penalties (following an alcohol program and community service under certain conditions).
Call a San Diego Criminal Defense Attorney at S&B Legal Today
If you are charged with a DUI, or a family member or acquaintance was arrested for it, do not panic. Take the first step toward a positive resolution by consulting with an experienced San Diego criminal defense attorney at S&B Legal. We offer a free initial consultation to answer your questions. Call now at (760) 302-4652 or contact us online.
Summary
Being charged with a DUI can have serious consequences such as fines, driver’s license suspension, jail time, and rehabilitation programs. It is important to act immediately if you are charged with a DUI. When arrested, avoid arguing with the police or making statements without a specialist present. And, as soon as possible, consult with a criminal defense attorney to explore your legal options and minimize potential consequences.
Frequently Asked Questions
What are the possible consequences of being charged with a DUI?
Consequences can include fines, driver’s license suspension, jail time, rehabilitation programs, mandatory alcohol classes, installation of an ignition interlock device in the vehicle, higher insurance rates, and difficulties in finding employment, among others. And if you are an undocumented immigrant and are convicted of a DUI, the situation can become worse.
What happens if I am charged with a DUI for the first time?
If this is your first time facing a DUI charge, you could be exposed to up to six months in jail, fines of up to $1,000, suspension of your driver’s license, mandatory attendance at a DUI school, installation of an ignition interlock device, among other penalties.
What are the penalties for a second DUI within a 10-year period?
For a second DUI within a 10-year period, penalties may include attending a DUI school for 18 to 30 months, fines between $390 to $1,000, possible jail time for up to one year, up to five years of probation, and a two- to five-year driver’s license suspension.
Can I get my license back if I am charged with a DUI?
If you are charged and arrested for a DUI, your driver’s license could be suspended. You could apply for a restricted license to drive in specific situations, such as going to work or to a DUI school. Additionally, with the installation of an ignition interlock device, you may be able to obtain a temporary driving permit in certain cases.
What should I do if I am charged with DUI?
When arrested for DUI, it is critical to cooperate with the police, remain calm, make no statements without an attorney present, and immediately consult with a criminal defense attorney to explore legal options and defense strategies. It is crucial to act quickly and have adequate legal representation to minimize potential consequences.
