Criminal Law Questions? Ask a Criminal Lawyer.
I am an attorney with 17+ years of legal experience and am working diligently on your answer while I await your response. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and agree to these provisions as well as Justanswer.com's disclaimer?Please respond with a Yes or No to continue.
Hi again, and thank you.
If this is a first offense, your 23152 a and b would generally be misdemeanors. CA DUI penalties for misdemeanor violations usually include (but are not necessarily limited to) the following:
If convicted of "b", you could also get:
If you the driver was involved in a DUI causing injury, the charge could rise to a felony, and/or if it is a 4th+ offense.
For a violation of 23578,15%, the driver is subject to enhanced penalties, including additional jail time, additional fines and if on probation, additional conditions of probation or probationary requirements.
Keep in mind, these would likely be MERGED, so you don't have 3 separate jail terms, 3 separate fines, etc. YOu would want to make sure, if pleaing, that your attorney clarifies that it is to one charge, and the others 'go away.'
Just as an added note: A driver charged with DUI has only 10 days to seek a DMV hearing - to try to prevent an immediately loss of driving privileges while the case moves forward. I would urge a driver to avail himself of that if the driving privilege is critical for, say, work/commuting etc. It is separate and aside from the criminal court procedures that will also take place.
Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. You may always follow up with me after doing so. Positive feedback and a BONUS are always appreciated. Thank you and the best of luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).