On a first time DUI, you do not face any jail time unless there is an Aggravating Circumstance.
Aggravating Circumstances for DUI include :-
- You were involved in an accident with another car
- You were involved in an accident and someone got injured
- Your breath or blood results are .20 or above
- Children under 14 were in car (In some cases this can result in a Child Endangerment charge against you where you can possibly face 30 days of jail and 1 year parenting classes)
- You refused to take a breath or blood test
- You are on probation for another case
- Your driver's license expired or is suspended or you do not have a California license
- You have two or three DUIs within a short period of time
- You were speeding at least 25 to 30 mph over the limit and driving in a reckless manner
- You are under the age of 21
- You are charged with hit & run as well as a DUI
IF YOU HAVE ANY OF THESE AGGRAVATING CIRCUMSTANCES for a DUI in Los Angeles, calll us immediately to discuss what you face and what are your options (310) 285-1516.
What you face with Aggravating Circumstances
Normally, when you get arrested for a DUI, you face typical plea bargains. However, when the prosecutor reads the police report and learns of an Aggravating Circumstance, he often times will seek additional punishment.
Additional punishment can be in the form of jail, CalTrans work (cleaning freeways), Community Service, AA meetings, heavier fines, longer alcohol programs, etc.
Were you Involved in an accident?
Accidents in DUI cases are not looked upon favorably in Los Angeles courts, especially in the 1945 S Hill Street Metropolitan Traffic Courthouse, in the Van Nuys Court, and the LAX Airport courthouse. Possible jail or CalTrans work (cleaning freeways) is usually sought by the prosecutors in these courts if you are involved in an accident.
Accident causing bodily injury
An accident causing injury to someone beside yourself is even worse because you can be charged with a misdemeanor DUI causing injury which requires under the law a minimum of 5 days in jail and a one year license suspension. If there is a more serious injury such as a broken bone or some other serious injury you can be charged with a Felony DUI and face a possible state prison sentence of 16 months.
Bills and Damages
If you are involved in an accident, you possibly face a restitution hearing in which you probably have to pay for the damages resulting from the accident. In addition, to add insult to injury if there is an accident you will probably receive a bill from the CHP or LAPD demanding that you pay for the officer's time spent investigating and arresting you for the DUI accident.
Was your blood alcohol over .20?
If your blood or breath results come back over .20 (results such as .21, .22, .23, .24 etc.), you face a 9-month alcohol program, and extra AA meetings etc. from the prosecutor.
DUI and children in your car
If you are arrested for a DUI and you have children under 14 in your car at the time, you face a possible 48 hours in jail and in some courts you could possibly face child endangerment charges with a minimum punishment of 30 days of jail and 1 year of parenting classes.
Refusing a blood or breath test
If you are being accused of refusing to take a blood or breath test, you most likely face in court 48 hours in jail and a 9-month alcohol program. In addition, the DMV will want to suspend your license for at least one year.
If you are on probation for a prior DUI and you get a new DUI arrest you possibly face what is called a probation violation hearing. This means you must go in front of a judge regarding your old case (usually the judge who sentenced you on the prior DUI) who has the power to send you to jail for violating the terms of your probation such as the condition not to drink and drive with any measurable amount of alcohol. In these situations, your luck depends on what court you are in and which judge you are in front of because you can face significant jail time for probation violations.
Please call us (310) 285-1516 if you have a probation violation in Los Angeles to discuss the courthouse you are in and what judge you have to go in front of, and how we can help avoid jail time. Under new laws you are not allowed to drive with any alcohol in your body while you are on probation and you could now face a one year license suspension if you drink and drive while on probation.
DUI and Suspended or expired licence
If your license was suspended or expired or you have never obtained a California license, you possibly face additional punishment such as 48 hours in jail depending on the court and prosecutor. You need to do everything you can to get your license back because if you show the prosecutor a valid license they will sometimes drop the license charges.
If your license is suspended and/or if you have prior suspended license convictions you possibly face jail time and fines.
If your license was suspended earlier because of a prior DUI, and the prosecutor is charging you with driving on a suspended license because of a prior DUI (Vehicle Code section 14601.2) you possibly face a minimum of 10 days in jail, a heavy fine, and you must put on your car a device called an ignition interlock device. This device requires you to blow into it every time you want to start your car and if there is alcohol on your breath, your car will not start.
2 or 3 DUIs
If you have two or three DUIs in a short period of time and you have to go to one of the tough courts such as Hill Street, Van Nuys, or LAX airport courthouse you can face significant jail time and punishment from the prosecutors and judges.
Were you speeding excessively?
If you were speeding at least 30 mph over the speed limit on the freeway or 20 mph over the speed limit on any other street and you were driving in a reckless manner threatening person or property, the prosecutor might try and charge you with Vehicle Code section 23582 which requires that you go to jail for 60 days. Speeding alone does not violate this law. There must be reckless driving in addition to speeding to be guilty of this offense. However, if you were speeding excessively, such as over 100 mph, you usually face additional punishment from prosecutors.
DUI & under 21
If you are under 21 and you get arrested for a DUI, the DMV and Court will want to suspend your license for one year pursuant to the Zero tolerance law. However, you can apply for a critical restricted license from the DMV that will allow you to drive for work. In addition, the courts might want you to attend a Hospital and Morgue (HAM) program for underage drinkers or other similar type programs.
DUI Hit & Run
If you were arrested for a DUI and also charged with Hit & Run, you possibly face jail time and increased fines. In addition, a hit & run like a DUI is worth 2 points on your license, so you could be looking at four points on your license if convicted of both the DUI and the hit & run. When the DMV sees 4 points on your license, they will probably try and suspend your license for 6 months for being a negligent operator. So your first goal is to try and get the prosecutor to drop the hit & run charges so you don't get additional points on your license.
IF YOU HAVE ANY OF THE ABOVE AGGRAVATING CIRCUMSTANCES in Los Angeles, CALL US immediately to speak with a DUI Attorney and discuss what you face and what are your options (310) 285-1516.