31 July ,2014 By Admin Category:DUI

If you have been arrested for DUI (Driving Under the Influence) then you will likely need an aggressive lawyer to defend you against a DUI charge.

The penalties for a DUI case can vary greatly.  First time misdemeanor DUI carries lower penalties than a second or third time DUI.  It is not uncommon to see large fines and jail time as a consequence of a DUI.  In addition, the Department of Motor Vehicles (DMV) will also try to take away your driving privileges for as long as legally possible. License restrictions can last anywhere from 4 months to several years depending on the facts of your DUI case.

Individuals wonder what the maximum exposure is for a certain type of DUI.  Here, we flesh out some of those details.

Mandatory Minimum for DUIs

1.   First Time Misdemeanor DUI

The California Vehicle Code states that there is a mandatory jail time of not less than 96 hours and not more than 6 months for first time misdemeanor DUI cases.  The Law Office of Henrik Karapetian regularly gets all jail time for first time offenders removed through negotiations with the District Attorney.

There is also a statutorily required DUI program that lasts anywhere from 3 months to 9 months depending on your blood alcohol level. In addition, a mandatory fine with penalty assessments, restitution and court fees runs approximately $1,900.  However, Mr. Karapetian can reduce the overall fine through alternatives such as community service by court negotiations or reduce the overall fine by negotiation and oral argument with the Judge.

Recent laws have also given Courts the ability to require an Ignition Interlock Device (IID) start your vehicle even on a first time DUI.  This is generally not enforced unless there are extenuating circumstances.  Some counties may also require a DNA sample for DNA databases as a condition of a plea bargain.

As always, most counties require some form probation, either summary or formal, for three years after a first time DUI conviction.

The Department of Motor Vehicle (DMV) will also typically try to impose a 4 month license suspension or a thirty day suspension with a 5 month restricted license. Mr. Karapetian has been successful in dismissing the DMVs allegations in previous cases and depending on the facts of your case, can get your license returned to you without a suspension.

2.  Second Time Misdemeanor DUI

For second time misdemeanor DUI cases, the maximum penalty under the Vehicle Code is 96 hours in jail up to a maximum of a year in jail. There is also a mandatory 18 month DUI program that Defendants must attend.  It is important to note that these are maximum penalties that can be reduced with an aggressive and knowledgeable DUI attorney.  You do not want to have the potential of one year in jail over your head, so contact a DUI attorney as soon as possible.

In addition, the DMV will typically impose a minimum one year license suspension for second time DUIs.  Probation requirements also increase and there may be additional penalties if you violated your probation for your first DUI.

There are mandatory minimum fines of approximately the same as a first time DUI with possible additional fees.  Much like a first time DUI case, Mr. Karapetian can reduce the fine amount or negotiate community service in lieu of full payment.

3.  Third Time and Fourth Time Misdemeanor DUI

Third time DUI penalties include 120 days in county jail up to a maximum of one year.  Fourth time DUI penalties are very similar to third time DUI cases; however, the potential for jail time increase to 180 days in county jail up to a maximum of 3 years in prison.  There is also a mandatory 18-month DUI program.  The DMV will also likely impose a one to three year license suspension for third time offenders. Fines are very similar to second time DUI cases.

An IID will likely be issued which has a setup fee and monthly service costs that vary from program and county.

We Can Help You Stay Out of Jail, Reduce Your Fines and Reduce Your Exposure to DUI Penalties

Mr. Karapetian and his firm are EXCEPTIONAL at removing county jail time for all first time DUI cases.  We have been successful at reducing mandatory fines for DUIs with negotiations with the Judge and District Attorney.  If you have multiple DUIs in the past ten years, Mr. Karapetian can negotiate for “house arrest”, voluntary community service or Cal Trans work.  These are very desirable alternatives to jail time and allow you to move on with your life after a DUI.

If you have multiple DUIs in the past 10 years we can negotiate for Home Confinement, Voluntary Community Service, Cal Trans and Sheriffs Work Project.  These jail alternatives will allow you to keep working and move on with your life.

Mr. Karapetian has the technical knowledge of the law, the aid of investigators and the relationship with court staff that allow him to negotiate and reduce your DUI penalties. In most DUI cases, our clients will not need to appear in court.  We will appear in court for you so you will not need to miss time at work.  We will then call you and set a face to face meeting with your attorney to discuss the facts and defenses of your case and our recommendations for a deal.