HAWTHORNE DUI ATTORNEY

A DUI is not just another misdemeanor offense. Although having a criminal record does present obstacles pertaining to employment or housing, a DUI conviction subjects you to more penalties and costs than most other misdemeanors. If you are facing DUI charges, immediately call a Hawthorne DUI attorney at (888) 754-9860.

A DUI conviction means jail time, suspension of your driving privileges, substantial payments in fines and costs, attendance at DUI classes, expensive SR-1 insurance and possible installation of an ignition interlock device on your car. This makes retaining a Hawthorne DUI attorney essential if you want the best opportunity for a satisfactory resolution.

What Happens in a DUI

You have two separate proceedings in a DUI–one only involves suspension of your license and the other regarding your criminal proceedings. Your Hawthorne DUI attorney needs to handle both since there are similar issues in each.

The DUI process consists of:

• DMV hearing. You or your Hawthorne DUI attorney must request a hearing within 10-days of your arrest or it is waived. Your Hawthorne DUI attorney can raise issues of probable cause and challenge the reliability and accuracy of chemical testing of your blood alcohol concentration (BAC) results
• Arraignment. A short hearing where your Hawthorne DUI attorney has you enter a not guilty plea and a settlement conference with the prosecutor is scheduled
• Pretrial. At the conference, your Hawthorne DUI attorney can try to negotiate a settlement. Motions may also be made to exclude evidence or obtain information
• Trial. If no plea deal is reached, your Hawthorne DUI attorney will defend you

Defenses Raised in a DUI

A Hawthorne DUI lawyer has a variety of possible defenses to consider in your case. In a typical DUI, your Hawthorne DUI lawyer will examine these key issues in forming a defense:

• Possible rights violations in your stop, questioning, and arrest
• If your medical or physical condition influenced your BAC results
• Challenging the integrity and validity of the BAC test results
• Using inconsistencies and errors in police testimony, reports and records
• Other defenses your Hawthorne DUI lawyer can discern from the facts of your case

Penalties for a DUI Conviction

DUI sentences vary based on prior DUI convictions or if aggravating circumstances were present that your Hawthorne DUI lawyer will advise you on. Otherwise, these penalties typically are imposed:

First DUI or DWI

The usual penalties for a first DUI or DWI are:

1. Jail. 48 hours in jail and up to 6-months; 3-years of probation
2. Suspension of license. Loss of driving privileges for 4 to 10-months though you may be eligible for a restricted license; if BAC testing was refused, the suspension is one year
3. Fines: $390 with costs over $1,800
4. DUI classes: 3-months
5. Insurance and installation: Secure SR-1 insurance and possibly install an interlock ignition system

Second DUI or DWI

Penalties for a second DUI or DWI within 10 years of the first include:

1. Jail. 96 hours and up to one year in county jail and 3-5 years probation
2. Suspension of license. 2 year suspension with eligibility for restricted license unless testing was refused.
3. Fines: $390 to $1000 but over $10,000 in costs
4. DUI Classe 18 to 30-months
5. Installation and insurance. SR-1 insurance and Interlock ignition system

Third DUI or DWI

Conviction of a third DUI or DWI in 10 years may include:

1. Jail. 120 days to one year in county jail and 3-5 years probation
2. Suspension of license. 3 years with restricted license after 12-months
3. Fines: $390 to $1000 and other costs up to $15,000
4. DUI classes. 30-months
5. Installation and insurance. SR-1 insurance and interlock system

Fourth DUI or DWI

A fourth DWI or DWI could be negotiated to a misdemeanor.by your Gardena DUI lawyer. If a felony, you face:

1. Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
2. Suspension of license: 4 years
3. Fines: Up to $5000 with associated costs of up to $18,000
4. Habitual traffic offender status. 3 years
5. Mandatory DUI classes. 30-months
6. Installation and insurance. SR-1 insurance and interlock system

Commercial DUI or DWI

Commercial drivers can be convicted of a commercial DUI or DWI if their BAC is 0.04% so that their need for a Gardena DUI lawyer is imperative.

Penalties include:

1. Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
2. Driver’s license suspension.

• Loss of commercial driver’s license for one year, regardless of the vehicle you were driving
• Life-time suspension for a second conviction
• Your Class C license is also affected

3. Fines. From $390 to $1000
4. DUI Classes. Same as for other offenders
5. Insurance and installation. Possible securing of SR-1 insurance and installation of an interlock system

Call a Hawthorne DUI Lawyer

If you were arrested for a DUI, call a Hawthorne DUI lawyer today at (888) 754-9860.