DUI laws in California, as well as in other states, are quite complex and detailed.
The DMV suspension is another case closely linked to the DUI case, but its functioning is like an independent trial. Many factors govern the penalties imposed by the DUI court. If you have a record of DUI offenses in a seven-year history, or you were 20 mph over the speed limit, or you had a child below the age of 14 in the vehicle with you, or you refused to submit to a chemical test, there will be variations to the court’s statute in your case.
Obviously, there are several circumstantial factors that can also swing the case in your favor or against you. If your defense attorney is able to uncover loopholes in the case formed by the state, the case can swing remarkably in your favor. Your lawyer’s DUI reputation is also of significance to your trial. There may be policies of the local court that can affect your case too.
The actual penalty in court varies according to county, but as an example the fine is about $1,200 in the Bay Area. This is in addition to a three-year informal probation, where there is no probation officer. The court could alternatively punish you with 3-5 days of an alternative work program like picking up trash or cleaning buses. If you are a first-time offender you will be sent to a First Offender’s School with course durations varying according to your blood alcohol levels.
Most people are unable to distinguish between the DUI trial and the DMV action. The trial is separate from the suspension, and most lawyers will try them separately. So, you could get your license from the DMV hearing but have it penalized again if you lose the court hearing. With two parallel penalties functioning, it is hard to figure a DUI case out without a good lawyer. By: JIMMY STURO