Milpitas First Offense DUI
Penalties for First DUI Offense in Milpitas, California
The penalties for first time offenders charged with and subsequently proven to be guilty of driving under influence are severe in the city of Milpitas and across the state of California. It is imperative for those charged with DUI to immediately seek legal representation. Only a reliable and experience DUI Lawyer can provide the legal advice necessary to build a case in favor of the defendant.
A Comprehensive Guide to Milpitas DUI First Offense
DUI or driving under the influence is a punishable offense in the state of California. According to the Criminal Code, it is a crime to drive in an impaired state. California has one of the strictest DUI laws in the country. There are provisions for fines, suspension of license and also jail terms. The law is not particularly lenient towards first time offenders, unlike other offenses where jail terms and severe fines among other penalties are applicable only for second and third or serial offenders. The stringent law and the harsh punishments are the primary reason why every accused or defendant charged with DUI first offense in Milpitas should seek proper legal counsel. Not only can a DUI lawyer in Milpitas, CA, turn the case in your favor but also make the entire experience less traumatic and stressful.
The first DUI offense has far-reaching implications. It can adversely affect career prospects in some professions. It can influence immigration to certain countries. The punishment has financial, physical and psychological ramifications, some of which have a much longer aftermath. We have some of the best DUI lawyers in the city who have fought all types of charges related to driving under influence and have emerged victorious under trying circumstances. As a defendant, you need experience and expertise by your side and only the most reputable and knowledgeable DUI lawyer in Milpitas can provide you the required assistance.
Legal Grounds for First DUI Offense and Arrest in Milpitas, CA
There is a federal law pertaining to driving under influence. DUI is a criminal offense in the United States. As per the criminal laws in the country, a person should not be driving when in an impaired state. The impairment may be physical or cognitive. The impairment may pertain to partial loss of vision, partial or substantial loss of control, lack of sense or poise and being in a state of intoxication. The impairment could be due to excessive consumption of alcohol, drugs or substance abuse of any kind.
The most common first DUI offense is alcohol related in most parts of the country. Driving under influence has a related offense. This pertains to driving with excessive blood alcohol concentration. BAC or blood alcohol concentration should not exceed 0.08%. There should be no more than 80mg of alcohol in 100ml of blood. Higher BAC invites multiple offenses and warrants harsher punishments. The severity of the damage caused, if any, will also influence the number of offenses a person is charged with. The extent of damage and harm caused will warrant multiple punishments. The most lenient punishment could be a moderate fine with the probability of the license being suspended for a brief period of time. But even the first offense of DUI in Milpitas, CA, can invite jail term if there has been substantial damage and if the BAC was much higher than 0.08%.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Milpitas
Types Of DUI Charges:
Consequences Of A DUI:
State Law pertaining to the First DUI Offense in Milpitas, CA
California has a Zero Tolerance Law for offenders aged twenty one years old or younger. No one aged less than and up to twenty one years should be found driving under any kind of influence. There should be no traces of alcohol in the blood. In effect, BAC or blood alcohol concentration should be 0.00%. If anyone under the age of twenty one is found to be driving under the influence then the first offense itself will lead to the suspension of the license of a period of one year, there could be criminal charges and hundreds of dollars levied as fines. It is also likely the judge will sentence the defendant, if proven guilty, to a DUI School.
Older defendants are equally vulnerable to harsh punishments. Suspension of license is for a minimum period of four months, even if it is the first offense of DUI. The jail term could be for six months or longer. There could be a fine, potentially of a few thousand dollars. Severe cases demand the accused, if proven guilty, to enroll into a DUI program. An interlock device may also be made obligatory by the judge.
Fallout of First Time DUI in Milpitas, California
Anyone held guilty of drunk driving in Milpitas will have to deal with a multifaceted fallout. There will be admin per se license suspension and criminal license suspension, community service or jail time, ignition interlock device installation, fines and DUI School or program. SR-22 filing is also made compulsory in many cases. There can be other consequences too. There are a few minimum punishments for first time DUI offenders in Milpitas, California.
- Immediate suspension of license for a minimum period of four months.
- A maximum of six months imprisonment.
- A maximum of a $1,000 in fines excluding legal fees and additional penalties.
- License reissue fee of $125.
- Ignition interlock device being made mandatory and installation being supervised.
- Enrollment into a DUI School or a recognized DUI program depending on the BAC level recorded during arrest.
- Filing of SR-22, which is a certificate of insurance or financial responsibility towards vehicle liability.
The Three Strikes Law in California and Other Penalties
The Three Strikes Law in California enforces harsher punishments for repeat offenders. The law is applicable when an offender commits the same crime for the third time.
This is not applicable for first time DUI offenders but it is the first strike and two more instances of driving under influence will lead to the enforcing of the Three Strikes Law.
There is a provision for life sentence in the Three Strikes Law. It is thus of monumental significance to be proven not guilty of the first DUI offense, to be farther from the third strike in the future.
Milpitas DUI Defense Attorney