Articles Posted in DUI Sentencing

A 27-year-old Los Angeles woman was arrested after rear-ending a squad car while under the influence of alcohol. According to a news report in WeHoNews.com, the car crash occurred at Santa Monica Boulevard and Orange Drive in West Hollywood. Officials say they were conducting a pedestrian stop when a vehicle rear-ended their squad car. The deputies were not hurt in the crash. The driver allegedly registered .24 and .22 blood alcohol content (BAC) readings during the preliminary alcohol screening tests, which is nearly three times the legal limit of 0.08 percent. She was treated at a nearby hospital and detained on suspicion of driving under the influence (DUI).

You can face criminal charges for driving while under the influence of alcohol or drugs with a blood alcohol level of .08 percent or higher. Under California Penal Code 23152 (b), you can be found guilty of DUI if your BAC is .08 percent or greater regardless of whether you were actually under the influence of alcohol or drugs. The prosecution only has to prove that you drove a vehicle and that your BAC was above the legal limit.

There are enhanced consequences for those with a BAC of .15 percent or higher. Before 2006, enhanced penalties were reserved for drivers with a BAC of .20 percent or higher, but now individuals with a BAC of nearly twice the legal limit will face a six-month alcohol program instead of a three-month program.
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A 29-year-old man has been sentenced to 17 years to life in prison after being convicted of killing a 48-year-old woman in an Orange County DUI incident. According to a CBS Los Angeles news report, the fatal crash occurred on Moulton Parkway in Laguna Niguel in 2011. Officials said the man ran a red light in his Toyota SUV, lost control, and fatally struck the 48-year-old woman. Police say that the man was under the influence of a variety of drugs at the time of the crash and that he had two previous DUI-related convictions. He was convicted of second-degree murder in February.

A majority of DUI cases in California are misdemeanor offenses. Under California law, however, a DUI can result in felony charges under certain circumstances. Felony charges are typically filed in drunk driving cases when serious injury or death has occurred or if the driver had prior DUI convictions. A fourth DUI, for example, is automatically a felony whether or not someone was hurt in the incident.
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Singer Bobby Brown has been sentenced to jail time after he pleaded guilty to his second driving under the influence (DUI) charge. According to a report by The Los Angeles Times, Brown will serve 55 days after entering no-contest pleas to driving under the influence and driving on a suspended license.

His license suspension resulted from a prior DUI conviction last year. The judge imposed a 10-day sentence for driving drunk, an additional 10 days for driving on a suspended license, and 35 days for probation violation. In addition to his jail sentence, the singer will also have to attend three Alcoholics Anonymous meetings a week and be on summary probation for four years.

There are serious consequences for a drunk driving conviction in California and those penalties increase for repeat offenses. Generally speaking, a first-time offender can expect to face three years of probation, fines between $1,500 and $2,000, a lengthy license suspension, and a four-month alcohol class. In some cases, a driver can even face jail time for a first offense.
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In 2007, David Hasselhoff was infamously videotaped eating a cheeseburger while intoxicated. For many who have seen the video, he will forever be linked to alcohol consumption. More than five years later, his daughter Hayley has been charged with driving under the influence of alcohol (DUI) and speeding in connection with an alleged incident that occurred after the holidays in Los Angeles.

According to a report by RadarOnline.com, prosecutors have filed charges against the aspiring actress. She now faces up to six months of incarceration. Her mother, and Hasselfhoff’s ex-wife, was arrested for DUI in 2009 and 2010. She was sentenced to wear an ankle bracelet for six months that monitored the amount of alcohol in her system.
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The California state Senate has approved a measure that will make it possible for convicted drunk drivers to reduce their jail time. According to a news report in the Los Angeles Times, AB2127 allows a variety of alternative sentencing options in CA instead of jail time. Senators, who passed the bill by a 21-14 vote on June 14, 2012, say that the bill will provide incentives for people convicted of low-level misdemeanors to reintegrate themselves back into their communities.

Potential alternatives to jail time that may be available for drunken drivers include educational programs, vocational training, and substance abuse programs, as well as life skills and parenting classes. Officials say this bill is not only for DUI cases, but also other offenses that may result in jail time, such as some drug offenses.

Under current laws, drivers convicted of driving under the influence of drugs or alcohol in California stand to face a multitude of serious DUI penalties. First-time offenders will likely face a fine ranging from $390 to $1,000 as well as a driver’s license suspension from six to 10 months that may be converted to a restricted license. A conviction may even result in jail time for up to six months. It is also common for drivers to face a three- to nine-month court-approved alcohol or drug education program.

Individuals charged with driving under the influence of alcohol face stiff California DUI penalties. Anyone convicted of a DUI faces jail time, driver’s license suspension, fees, points on their license and mandatory enrollment in alcohol treatment programs. Each DUI case is different and some face harsher consequences than others. But whatever the seriousness of the charges, it is important that defendants have an experienced California DUI defense attorney on their side.

Not many people realize that they may not have to spend time in jail after a DUI conviction. California has created alternative sentencing options for those convicted of a DUI. Depending on your case, you may be able to avoid jail time by accepting alternative sentencing options. If you have been charged with driving under the influence of drugs or alcohol, contact an experienced DUI defense lawyer right away to discuss what options you may have. If you happen to be convicted, you may be able to continue to reside in your own home and even keep your job while serving your sentence.

The idea behind alternative sentencing is to punish a DUI offender while allowing him or her to keep their job. There are programs that allow a DUI offender to avoid jail time by spending that time doing something productive such as community service, electronic monitoring or house arrest. Instead of going to jail, a DUI offender may be able to participate in freeway cleanup, live in a sober living environment or attend Alcoholics Anonymous.

You have probably seen countless headlines that read, “Famous Actor Checks into Rehab Following DUI Charge.” With DUI cases, the accused driver will often be held until he or she sobers up. Then the jail will release them on a citation and their promise to appear in court. Or they may have to post bail before they can be released. The defendant will be allowed to leave if bail is posted and the judge approves of the release. The arraignment is the next time an alleged DUI offender will have to appear in court. If it is a felony, a preliminary hearing is later held to determine if there is reasonable cause to have a trial. In California, a DUI conviction does not always mean a jail sentence. But it is important that you have a knowledgeable DUI lawyer on your side who can get you the help you need. If addiction is your problem, jail is not the answer.

One reason, so many people immediately go into rehabilitation clinics for alcoholism following an arrest, is to show an acceptance of their alcohol and/or drug problem and a desire to make a change. When determining California penalties for a DUI conviction, judges have many factors to consider. Repeat offenders and drivers that cause accidents and injuries face stiffer penalties than first-time DUI offenders who are arrested without causing injury or harm to others.
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Californians charged with driving under the influence of alcohol face stiff penalties. Anyone convicted of a DUI faces jail time, driver’s license suspension, fees, points on their license and mandatory enrollment in alcohol treatment programs. Each case is different and some face harsher consequences than others, which is why those accused of drunk driving should become more familiar with California DUI sentencing. Whatever the seriousness of the charges, it is important that defendants have an experienced Ventura County DUI lawyer on their side.

Many people are unaware that they do not have to spend time in jail after a DUI conviction. California has created alternative sentencing options for those convicted of a DUI. Depending on your case, you may be able to avoid jail time or license suspensions by accepting alternative sentencing options. If you have been charged with driving under the influence of drugs or alcohol, contact an experienced Ventura DUI lawyer right away to discuss what options you may have. You may even be able to continue to reside in your own home with electronic monitoring and then be able keep your job while serving your sentence.

The idea behind alternative sentencing is to punish a DUI offender while allowing him or her to keep their job. There are programs that allow a DUI offender to avoid jail time by spending that time doing something productive such as community service. Instead of going to jail, a person convicted of DUI may be able to participate in freeway cleanup, live in a sober living environment or attend Alcoholics Anonymous meetings.