If arrested for DUI in Riverside County, there is a possibility of jail time, even if it is your time offense. You need a skilled DUI Lawyer in Riverside to represent your case and negotiate with a judge or prosecutor to eliminate or reduce jail time sentence. Your DUI attorney will also work to protect your rights, ensure that you get fair treatment during the proceeding, and advocate for your freedom.
Who is charged with DUI Penalties?
The arresting officer would subject the driver to a field sobriety test or chemical test in determining the intoxication level. Drunk driving is a serious offense, and anyone found with a .08 or higher blood alcohol content (BAC) is arrested and charged with DUI. Minors driving a motor vehicle and found to have a BAC of 01% and higher face penalties in accordance with California’s Zero Tolerance Law.
What happens after a DUI arrest in Riverside?
The DUI Penalties cases in California come with two prongs- the criminal case and the DMV case. When caught, the arresting police officer gets the driver’s license and issues a pink, temporary license valid for 30 days. The driver has 10 days to request a DMVC hearing from the Department of Motor Vehicles. The DUI defense lawyer needs to contest the suspension of license during the DMV hearing by presenting solid evidence and cross-examining witnesses. The usual defenses are:
- The arresting authority used a defective breathalyzer
- The police did not properly administer a field sobriety test
But, even if the defendant is found guilty during the DMV hearing, they can continue driving provided they get an ignition interlock device installed in their vehicle.
If found guilty of intoxicated driving, offenders face the standard penalties for DUI conviction like probation, fines, suspension of license, and attending DUI school. DUI school can span from 3 to 30 months based on the criminal history and BAC content.
When sentenced to jail time, the first-time offenders may get 6-10-day jail time, 30 days during the second offense, or around 120-day jail time for third-time DUI. The jail time sentence can be converted as a work release rather than actually staying in the facility. Your DUI lawyer in Riverside can make it happen and help you go through the scary situation.
What are the standard penalties for first-time DUI offenders?
As long as there is no vehicular manslaughter and other aggravating elements, first-time DUI Penalties is regarded as a misdemeanor charge under Vehicle Code 2352 (a) or driving impaired and for driving with excessive blood alcohol under Vehicle Code 23152 (b).
However, if you get a conviction, you may be facing any of the following:
- Fines and penalties including court costs of approximately $2,300
- 3 years of Summary Probation
- 6-month suspension of California Driver License (but can continue driving for 6 months using an IID)
- Completion of 3-month mandatory court-approved alcohol/drug education program
- 6-10 days of jail time/work release
Penalties for second time DUI offense
- Fines and Penalties of around $2,300
- 3 to 5 years of Summary Probation
- 1-year installation of Ignition Interlock Device (IID)
- Completion of an 18-month mandatory court-approved alcohol/drug education program
- 30 days of jail time or work release
Penalties for third time DUI offense
- Fines and Penalties of around $ 3,000
- 3 to 5 years of Summary Probation
- 2-year installation of Ignition Interlock Device (IID)
- Completion of 30-month mandatory court-approved alcohol/drug education program
- An inpatient alcohol treatment program
- 120 days to 1-year detention in county jail
Riverside DUI offenders who get jail time sentences are held either in Southwest Detention Center or Robert Presley Detention Center. Juvenile offenders are usually held at Riverside Juvenile Hall.
Generally, DUI suspects are released within a few hours of arrest. Those who are facing DUI with injury, DUI with vehicular manslaughter, or felony DUI cases are held in custody and will be released after their lawyer posts bail.
Takeaway
A DUI offense can be a frightening experience, especially for first-time offenders. You need a legal expert to defend your case and prevent a bench warrant for your arrest when you fail to appear in court. A good and experienced DUI defense attorney is your best ally during the ordeal and helps you avoid harsh penalties and jail time.
