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DUI Lawyers Attorneys

 

DUI Lawyers - Attorneys

Defenses of Driving While Under The Influence of Alcohol or Drugs

First Offender Penalties

   
 

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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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