DUI and DWI Attorney – Sodhi Law Group Modesto
Driving under the influence or DUI, is when someone is operating a motorized vehicle while under the influence of drugs or alcohol. In California, when the driver has a blood alcohol level of 0.08% or greater they can be charged with a DUI. MInors on the other hand, can be charged with a blood alcohol level of 0.01% or higher. For those that have a commercial drivers license, they can not be at 0.04% or greater.
First and second DUI charges are misdemeanors. Fines for these convictions range between $390.00 to $1000, with penalty assessments that can increase the total amount owed by the defendant. For First time DUI charges jail time can be anywhere from forty-eight hours to six months in jail. For the second, it can be anywhere from three days to one year in jail.
As for license suspension FIrst time offenders there is usually a six month term, however, a restricted license can be applied for. Driving with a restricted license means only driving to and from work and/or school. With a restricted license, the vehicle driven is required to have an IID installed right away. An IID is an Ignition Interlock Device. This device will not allow the vehicle to start until the driver blows into the attached breathalyzer and proves there is no alcohol in their system. For second time DUI charges, the license is then to be suspended for two years, and the IID is required for twelve months.
On a third DUI charge, fines are still between $390 to $1000, jail time is six months and license suspension is for three years. Also, an IID must be installed for two years. A third DUI offender must complete a three to five year probation and the judge may require a thirty month DUI class. As for a first or second DUI offender can receive a three year probation, and may be ordered to take a three, eighteen or thirty month DUI class.When a DUI charge involves a death or injury it will have more serious penalties. DUI charges with injuries are considered wobblers, meaning they can be charged as a misdemeanor or a felony. These charges can result in fines up to $5,000 and a prison sentence from sixteen months to four years. A DUI charge with a fatality is tried under vehicular manslaughter laws. Under these laws there are different types of charges. The lesser charge, negligent vehicular manslaughter while intoxicated, the offender can be penalized with up to one year in jail and a maximum of $1000 in fines. The more major charge is second degree murder, which means fifteen years to life sentence in a state prison.
DUI charges involve mitigating and aggravating factors. Such as the defendants history with DUI charges, how far over the limit the defendant was, if there were any minors in the vehicle at the time.
The prosecution must prove that the defendant was driving or operating the vehicle and that they were in fact under the influence without reasonable doubt. It is within the best interest of the person facing DUI charges to talk to an experienced attorney. Penalties for these charges can be extremely severe. Help ensure a fair trial with an outcome that ensures the punishment fits the crime.
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience, and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
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