A DUI arrest can be a terrifying experience for anyone. If you are accused of violating CA Vehicle Code Section 23152, you could be ordered to serve a jail sentence, have your license suspended, and suffer several other penalties. Those convicted can have trouble obtaining employment and the mark on their criminal record can result in several other missed opportunities throughout there life, but there is hope.
At MacGregor & Collins, LLP, we have over 40 years of experience assisting those facing charges in California. Our Orange County DUI attorneys can help you understand the California 23152 violation penalties that you are faced with and provide you with information to help guide you through the process, regardless of whether or not you retain our services. Contact us today to take advantage of a free consultation.
Important Information about 1st Offenses
A first time offense is a violation of California’s DWI penal code. CVC 23152 is defined as driving under the influence of drugs or alcohol. A 2nd DUI offense can result in more serious penalties as prosecutors will likely allege that you have not learned from your first offense.
For the state of California to prosecute offenders, the following must be established:
- The defendant was operating a car while impaired
- The defendant’s BAC reading was 0.08%, or greater.
The penalties or punishments for first offenses depend on several different factors, including a person’s history of criminal activity, motor vehicle violations, and the circumstances pertaining to their alleged offense. Driving under the influence is filed as a misdemeanor for first time offenders and those found guilty can face:
- Up to six months in jail
- Fines of up to $1,000
- Informal probation for up to five years
The CA Department of motor vehicles has the right to cancel or suspend the driver’s license of someone who is in violation of driving under the influence. This is not determined by the court, but the DMV, who will determine the timeframe of suspension at the hearing. First time DUI offenders are subject to a suspension of 6-10 months under California law. In addition, the defendant could potentially participate in a drug education program that spans three to nine months, depending on the blood alcohol count at the time of arrest.
DWI Defense Strategies
If you are facing penalties for your 1st drunk driving charge, our attorneys will be able to help you. DUI offenses require skilled legal representation and an in-depth knowledge of related case law. Call us today at (888) 250-2865 to speak with one of our attorneys and find out what your options are.