|
There are two aspects to a drunk driving (commonly talked about as “dwi” – driving while intoxicated or “dui” – driving under the influence) conviction and California drunk driving Fines and penalties – an administrative license suspension and a criminal charge(s). Both affect your record. The administrative side is governed by administrative or civil law and relates to your driver’s license and driving record. The criminal aspect is governed by criminal law and dictates fines, fees, penalties, sentencing and parole.
Administrative. Under an administrative license suspension, a person’s license is taken away before conviction when a driver fails or refuses to take a sobriety test – i.e., right on the spot and before you ever go to court. This is one of California drunk driving Fines and penalties.
Most states have these laws and may want you to schedule an administrative hearing soon after the arrest – generally within 5 to 10 days. This hearing is independent of your appearance in court. It does not deal with whether you are guilty of a criminal act, but instead deals with the circumstances surrounding your arrest, including California drunk driving Fines and penalties such as:
- Was your CA DUI arrest based on reasonable grounds?
- Did the officer request that you take a test?
- Were you made aware of the consequences if you refused or failed the test?
- Did you refuse or fail the test?
- Should your license be suspended or revoked?
Criminal. After a drunk driving arrest, you must generally go to court for sentencing and your California drunk driving Fines and penalties. Most drunk driving convictions are classified as misdemeanors when no injury is involved, but could be classified as felonies in cases when serious injury or death occurs as a result.
Sentencing decides:
- How your conviction will be classified
- What fines and taxes you must pay
- How long your license will be suspended or revoked (and the possibility for receiving a temporary license)
- Whether parole is warranted
- Whether community service must be finished
- What, if any, drug programs or classes must be finished
- Whether an ignition interlock device must be installed
California drunk driving Fines and penalties can be severe for first time offenders and are always greater for second and third time convictions.
Convicted drunk drivers will have a subsequent criminal record. Despite popular belief, a drunk driving conviction may remain on your record forever unless your state allows it to taken off (expunged). To sum up, it will appear on your record for employers, credit bureaus, and government agencies to see.
What to do? Make sure you know your CA ’s laws on drunk driving and California drunk driving Fines and penalties. Think about hiring an attorney to stand for you in an administrative hearing or when going to court if the process overwhelms you. Many provide Free Case Evaluation.
|