Aspects of a DUI Case

Under California Vehicle Code §23536, a person convicted of their first drunk driving offense will face imprisonment in a county jail for at least 48 continuous hours and from 96 hours to 6 months total; this depends on the decision of the fighting prosecutor. to convince the accused. In addition to possibly having to spend up to half a year in jail, a person may also have to pay a fine of up to $1,000. Under Section 13550, a person must also surrender their driver’s license to the court.

Many people cannot afford to face such harsh penalties for a mistake they may have made in a span of trial; but a prosecutor will not sympathize with his situation. Instead, the prosecution will seek full and possibly enhanced sentences where they see fit.

Another aspect of a DUI arrest that surprises many defendants is that there are actually two parties to a DUI case, and possibly three if injury or death is inflicted on another party.

The first part of a DUI case is the DMV hearing, which must be quickly scheduled within ten days of the initial arrest. After these ten days, the temporary driver’s license issued to him by the officer at the time of his arrest will expire and will waive his rights to fight California Department of Motor Vehicles penalties.

The second aspect of the case will be the criminal process, which will require a thorough defense strategy. Making sure your San Diego DUI defense attorney is present during your DMV hearing and criminal case will be one of the most important responsibilities you will have as a defendant. During the criminal case, the jury will review the evidence against you and for you to reach a decision. The verdict of your DMV hearing will not affect this case.

Lastly, if injuries or damages are inflicted on another person at the time of your arrest, such as a DUI accident, you may be liable for these damages. This part of the case is often overlooked and will require a defense attorney; otherwise, you may be paying for the other party’s vehicle damage and medical expenses.

When a person already has one or more DUI convictions on their criminal record, they will face increased penalties and the prosecution will work even harder to find a conviction. Many prosecutors see repeat offenders as a danger to society and will work from that point of view to secure maximum penalties.

After a DUI conviction, these penalties will haunt you for the rest of your life, even after jail sentences have been served and fines have been paid. Many people who want to forget about convictions are unable to do so for various reasons.

Employers, banks and lenders, schools, and other authorized figures run background checks on people when they receive an application. This type of conviction can show up on any type of background check or on a person checking your history. As such, it will be essential to ensure that your defense is aggressive and competent.

Whether you are facing your first, second, third, or subsequent DUI offense in Southern California, it is up to you to find an effective criminal defense attorney. The consequences of not getting an attorney are not only unfair, but also avoidable. Call your DUI defense attorney today to learn more about the DUI charges you are facing.

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