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DUIs are serious charges that can carry hefty punishments depending on the circumstances and criminal record of the defendant. You must be sure to find the best OC DUI attorney to defend your case. The best can be found right here at Johnson Criminal Law Group.
California DUI LawsJohnson Criminal Law Group provides you with a strong OC DUI attorney that will defend you during your time of need. DUIs fall under a different law code. You may be familiar with the penal code system. However, there are two DUI laws in California, one is Vehicle Code 23125(a) VC which makes it illegal to drive while under the influence of alcohol. The other is Vehicle Code 23152(b) VC which makes it illegal to drive with a BAC of .08% or more. As you can tell, these laws are remarkably similar, which is why most people in California who are charged with a DUI are charged with breaking both laws. There is, of course, another one, VC 23152(f) VC which makes it illegal to drive while under the influence of drugs.
Difference Between DUI and DWIYou may have heard of something called a DWI, driving while intoxicated. However, California Vehicle Code doesn’t use the acronym DUI or DWI anywhere in the language. In fact, driving under the influence is only used once. That means that DUI and DWIs are essentially lumped together under the aforementioned codes. You may even come across an OC DUI attorney that mentions DUI and DWI as laymen terms. That essentially is what they are, terms the general public have adopted as representation of a crime.
California DUI PunishmentsYour OC DUI attorney will be able to tell you what the possible punishments are for DUIs in California. Most DUI cases are charged as misdemeanors. However, there are circumstances in which you may be charged with a felony DUI instead of a misdemeanor. The charges will be elevated to a felony if someone is injured, or the defendant has 4 or more DUIs on their record. The first offense can end with 6 months in county jail, a $1,000 fine, suspended license for 4 months or a restricted license after 30 days. The second offense can end with up to 1 year in jail, $1,000 fine, 1 year with a suspended license or the use of an IID. and IID is an ignition interlock device that forces drivers to breathe into it to prove they are not intoxicated before they can turn on the vehicle. The third offense will add another year onto the suspended license as well as the other punishments mentioned above. The fine can go up to $5,000 if there is an injury, and things change if it becomes a felony.
Felony DUIs in CaliforniaA felony DUI is quite different from a misdemeanor DUI. Punishments rack up for defendants depending on the number of DUIs they have been charged with in the past. However, a felony charge advances those punishments to higher levels. You could be facing up to 1 year in jail, a $5,000 fine, 1 year of an IID, and up to 30 months of DUI classes if an injury is involved. However, if there is no injury, the fine drops to a max of $1,000, but jail time increases up to 3 years in prison with 5 years of a suspended license. DUIs are considered “priorable” offenses which means the punishments continue to increase with every charge that takes place within a 10 year period. The charges essentially drop off after 10 years. That means that if you got charged with a DUI right now it would be your first offense. However, you got charged again 10 years and a day from today and it could be considered a first offense again. Either way, you will need a strong OC DUI attorney and you can find one at Johnson Criminal Law Group.