DUI Defense

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There are different types of DUI offenses you can be arrested and prosecuted for in California, along with the penalties that are associated with DUI charges:

First DUI Offense - Misdemeanor

• Probation for three years
• 48 hours minimum to 6 months in county jail; the 48 hours minimum in jail must be served continuously
• Fines from $390 to $1000 plus mandatory penalty assessments or approximately thirteen days of community service; total costs including fines, penalty assessments, and court costs range from $1500 to $2400
• License Suspension for six to ten months
• A three month court approved alcohol and drug education program

Second DUI Offense - Misdemeanor

• Summary Probation for three to five years
• 96 hours minimum to a maximum of one year in county jail
• Fines stay in the same general range as in a First DUI
• License Suspension for two years that may be converted to a restricted license after 12 months
• An 18 to 30 month court-approved alcohol program
• IID-Ignition Interlocking Device may likely be required on a second DUI conviction

Third DUI Offense - Misdemeanor

• Summary Probation for three to five years
• 120 days (minimum) to a maximum of one year in county jail
• Fines stay in the same general range as stated above
• License Suspension for three years which may be converted to a restricted license after 18 months
• A 30 month court-approved drug and/or alcohol program
• Installation of an IID (Ignition Interlocking Device). An IID is an instrument that is attached to your car that does not allow the car to start until you provide an alcohol-free breath sample

Fourth DUI Offense - Felony

• Sixteen months to three years in state prison
• Parole for three years
• License revocation for four years
• Possible automobile forfeiture
• A 30-month alcohol treatment program
• Designation as a “Habitual Traffic Offender”

Not all DUI charges are the same. The penalties for your DUI conviction can be increased if there are additional facts and circumstances in your DUI arrest such as:

• Refusing to take a breath or blood test
• Driving with a blood-alcohol level of .20% or more
• Causing an automobile accident
• Driving recklessly or at excessive speeds
• Having a child 14 years or younger in the car
• DUI with injury which can be charged as a misdemeanor or felony

The importance of securing an aggressive, skilled and effective attorney such as Scott Levy cannot be underestimated. As a criminal defense attorney, he strives to achieve favorable outcomes for all of his clients by working hard and giving the client the personal attention he or she deserves. Attorney Scott Levy knows California DUI laws and knows how to defend against these charges by effectively challenging DUI charges on the basis of a lack of probable cause for the traffic stop, lack of Miranda advisement, illegal arrest, improper testing procedures, faulty testing equipment, and other issues including improper police conduct.