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DUI laws
differ slightly from state to state, as a guide
we will examine The State DUI Laws and Rules below as a general
example of DUI state laws. For specifics on a particular case speak to a DUI
Lawyer who specializes in traffic offenses.
"What will happen to me in the court on my first offense for DUI?"
If you talk to
an attorney there are all sorts of variables they will consider. MOST DUI
(VC23152) first offenders receive in .
In Court
$1200 fine.
3 years probation (informal - no probation officer).
3-5 days sheriff work alternative program (picking up trash, cleaning buses,
etc.) OR
90 license restriction (to start AFTER 4 months DMV suspension is over).
First Offender School (12 hrs/ 32 hrs / 45 hrs (3 month or 6 months)
depending on blood alcohol levels.
If the charge is reduced to a "wet-reckless' the fine is lower and the
course is only 12 hours. BUT If you want a restricted license, the DMV
requires a completion certificate for a first offender program. A first
offender program is 3 months long (sometimes the county makes it 4 months
long). So, here is the catch 22. The court tells you to do a 12 hour program
BUT the DMV has NO forms for a 12 month program and ONLY accepts completion
forms for a 32 hour program! Get it? If you've got a 'wet-reckless' then you
have to complete a 3 month program to get your license from the DMV!
This is in addition to the four months immediate DMV suspension that starts
30 days after your DUI stop.
The Complication
These two ACTIONS (court and DMV) are SEPARATE and do not influence one
another. Many times someone gets their license back by going to the DMV
hearing and then is convicted in the court. When this happens what happens
to your license gets ever more 'complicated'.
And the reverse is true, people are innocent in the court and yet still have
a license suspension with the DMV.
With the conviction in the court you are allowed to get a restricted license
AFTER a 30 day hard suspension (after the 30 day temporary license period is
over = two months after you DUI stop). This allows you to drive to and from
work and in the course of your employment and to and from the DUI class. The
only 'draw back' to the license restriction is that it is restricted for 5
months (they say 6 but the DMV counts the first month of suspension). OR you
can ride out the 4 months suspension period and get you license back. BUT,
once the court notifies the DMV that you have been convicted of a DUI or a
wet reckless and as part of your probation you have been sent to a First
Offender Program. The requirement to show proof of completion of the program
will be added to the list of items needed (Proof of Insurance SR-22 and pay
$100) to get your license returned.
DMV Hearings
The suspension will be 'stayed' for six months or until the hearing is held.
The driver will have a license BUT if the person loses the hearing (most do) then the 4 month suspension will go into
effect and after a hard 30 days suspension a 5 month restricted license,
driving to and from work, could be issued.
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