El Monte DUI Penalties and Fines
Defend Against Penalties and DUI Fines in El Monte, California
The law in the state of California is very strict when it comes to DUI offenses, due to the severity of such offenses. Because of the harshness of these punishments that are handed out to El Monte DUI offenders charged with impaired driving, it is always a good idea to get in touch with an experienced and reliable drunk driving lawyer.
DUI Fines and Penalties under the Law in El Monte
El Monte law considers DUI as a criminal offense and the DUI law lays down several severe punishments and penalties. If convicted, one may face some serious punishments which include hefty fines, suspension of license, getting installation of an ignition interlock device, spending time in jail and ending up with a criminal record. The severity of these offenses depends upon the number of instances a person has been convicted for a DUI offense. For the first time offenders, penalties include fine up to $1000, up to six months in jail, license suspension for six months which may be even more, three year probation period and having an ignition interlock device installed for up to five months.
A second DUI conviction will attract much harsher punishment that may include, up to $1000 in fines plus penalty assessments, one year jail sentence, license suspension for two years, three years of informal probation, installation of ignition interlock device for a period of 12 months. For every third and consecutive DUI conviction one may get up to $1000 fine plus penalty assessments, license suspension for a period of three years, jail term of up to one year, up to five years of probation and installation of ignition interlock device for two years as punishment.
Our teams of experienced DUI attorneys at El Monte DUI Lawyer who are based in El Monte, California contest DUI charges on highly technical grounds. Our defense is largely based on the cross-examination of prosecution witnesses and on police violations under the federal Constitution. In most cases, we ensure that the extent of DUI sentencing or DUI punishment is lessened or, in many cases, dismissed for lack of evidence.
Types of Prosecutions Under DUI Sentences in El Monte, California
DUI offenses are deemed to be federal criminal law offenses and the prosecutors have the option to prosecute in either of the following two ways; by indictment or summary conviction. The offenses committed under DUI law are similar to a misdemeanor. Before the prosecutors decide about which is most appropriate manner to choose in order to be used in your case, the DUI still stands the chance to be prosecuted by indictment.
However, most of the DUI offenses in El Monte are considered misdemeanors, and therefore have resultant DUI consequences.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in El Monte
Types Of DUI Charges:
Consequences Of A DUI:
The Quantum of DUI Sentencing in El Monte, California
Any person convicted of a DUI offense including a refusal to comply offense in El Monte automatically faces a driving prohibition applicable throughout California and either a fine or jail term, or both and a likelihood of probation.
The minimum DUI punishment for a DUI charge is:
- For a first offense; up to 3 years of probation, license suspension for 6 months, jail for a period of up to 6 months and a fine that may go up of $1000.
- For a second offense; up to 3 years of probation, license suspension for 24 months, fine of up to $1000 plus penalty assessments and a one year jail sentence.
- For a third or subsequent offense; up to five years of probation, license suspension for three years, fine that may go up to $1000 plus penalty assessments and a 120 days jail sentence that may go up to one year.
Drinking and driving offenses are prior offenses for refuse to comply offenses and vice versa.
DUI Punishment in El Monte for Causing Death or Bodily Harm
In case you injure someone in a DUI accident you will be facing stricter penalties. Injury DUIs can be charged as a misdemeanor or a felony. If charged as a felony, a DUI offense with an injury involved can result in a prison sentence which may go up to 4 years with fines of up to $5000. DUI cases involving fatalities are the ones where you will be charged for vehicular manslaughter or murder laws of the state. The penalties of such offenses vary greatly. The extent of DUI sentencing depends on a number of factors:
- In case no one is killed or hurt, the maximum sentence is 4 years of jail time.
- If there is a death and the prosecutor has opted for pressing second degree murder charges, the maximum sentence is 15 years to lifetime of jail.
- For a misdemeanor negligent manslaughter while intoxicated the maximum DUI sentencing is one year of jail time.
The Difference Between Federal and State Laws on DUI Fines in El Monte
In California, for a DUI offense, the accused may face DUI fines and penalties both under federal law (criminal law) and a suspension of a license under provincial law.
Often, the provincial suspensions are seen to be more stringent than criminal prohibitions. The Law demands that the accused go through a remedial program and take part in the ignition interlock program. Refusing to comply may result in further penalties that may be harsher. For example in El Monte and all of California, the suspension of a license may range from 1 year for a first offense to five year suspension for third offense or more.
What to Expect From an Experienced El Monte DUI Lawyer When Faced with a DUI Sentencing
The quantum of fines and penalties depend on the nature of convictions in every DUI offense. We at El Monte DUI Lawyer ensure that you get the best possible defense for your DUI case. Our lawyers will often visit the site of the incident to get first-hand information to build the foundation of your case. We take all necessary steps to effectively cross-examine the prosecution’s witnesses and to challenge any other evidence that they put forward.
To know more about the DUI penalties and fines in El Monte, CA give us a call now!