What you need to know about Fresno DUI penalties

Are you planning to move in California? You may need to seriously think about your habits of drinking while intoxicated. It is wise to have a Fresno DUI attorney before you get caught driving under the influence. DUI law in Fresno is strict and has serious penalties and punishments. Furthermore, aggravating factors that can increase fines and punishments include:

• DUI with a child under the age of 14 in the car.
• Driving on a restricted or suspended license
• Speeding
• High blood alcohol content over .15
• Accidents  

Fresno DUI lawyers can tell you about the penalties you can expect for a DUI conviction in California. DUI laws, sentencing and punishment vary with each county and often change. For instance, in Fresno County, the first DUI offense may send the convicted to 10 to 20 days in jail. A good DUI Fresno lawyer can help minimize these penalties. Take note that the look back period for prior DUI offenses as of 2005 is 10 years.

This is regardless of when the prior offense occurred or what the law was at the time. Hence, if the incident is within 10 years of the current offense, it will be counted as a prior offense. The convicted may not be charged with a prior incident but the court does consider prior offenses at the time of sentencing. Below are the criminal sentences for driving under the influence of drugs and or alcohol in accordance with Vehicle Code Section 23152.

Note: When probation is granted, probation term is 3-5 years. For the first offense within 10 years, a sentence of 96 hours up to 6 months in jail, a fine of $390 to $1,000 and suspension of license for 6 months.  Where probation is granted, 48 hours to 6 months in jail, up to $1,000 fine and the convicted needs to undergo a 3 month drug and or alcohol treatment program. If you refuse a chemical test or you were caught with a blood alcohol content of .20% or higher, you need to undergo the treatment program for at least 9 months and your license will be suspended.

For the second offense within 10 years, the convicted may be sentenced to 90 days to 1 year in jail, up to $1,000 fine and 2 years suspension of license. Where probation is granted, sentencing may include 10 days to 1 year in jail, an 18-30 month alcohol/drug treatment program, up to $1,000 fine, suspension for 2 years with the possibility of a restricted license for 90 days. An ignition interlock device will also be installed.

For the third and subsequent offenses within 10 years, license may be revoked for 3-4 years plus a $1,000 fine, 1 year in jail and up to a month of alcohol and drug treatment program. For administrative DMV penalties for DUI of alcohol and drugs, a 4-month suspension for the first offense for alcoholic content of .08 or greater. Refusal of a chemical test can lead to up to a year suspension. Take note that refusal can increase the punishment with 1 year suspension and 3 year revocation.

The Law Offices of Michael J Aed

2115 Kern Street Suite 370 Fresno, CA 93721

559-825-4600

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