Irvine DUI Conviction Penalties

The Severity of a DUI Conviction

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The initial arrest

We’ve been asked many times about the California arrest procedures regarding the drunk driving law. It is important for all drivers to know about this law. The indication of intoxication can be obtained when a driver has a BAC (Blood alcohol content) that is higher than 0.08 percent. When this driver has 0.08 BAC level or higher, he is then, under law, legally drunk. In order to check this level, an Irvine Police Officer must have probable cause to pull over someone he considers to be driving drunk. This officer can legally ask the driver
to take the BAC test. This situation is regulated under the California DUI arrest procedure. There are many methods that can be done to perform this BAC test. The easiest way to perform this test is using Breathalyzer or something similar, such as the LifeGuard breath alcohol testing unit. These devices can detect the amount of alcohol easily. During this situation, the driver may decline to take the test. This refusal can cause automatic suspension to the driver license and any other driving privileges given by California DMV(Department of Motor Vehicles).

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DMV Procedures

The California DUI law regulates that the DUI conviction can put someone convicted of DUI 3-5 years of probation. This condition can also lead to fines totaling nearly $2,000. The suspected driver will also be directed to take mandatory DUI prevention classes. This driver may also be required to stay at least
48 hours in the Irvine jail. Although the defendant may have contacted an Irvine Bail Bonds agent to get bonded out initially, he will still have to stay the 48 hours. When the driver gets caught driving drunk again in Orange County, the second conviction can bring stiff penalties. This is the case even if the driver
was pulled over in a different city. If the arrestee got arrested in Costa Mesa, for example, he would then need to contact a company that deals with bail bonds in Costa Mesa. That Costa Mesa bail bonds agent won’t have to pay a higher amount for the bond.

The fourth conviction can carry a potential sentence for up to three years in a California state prison. To bail somebody out for a 4th arrest, an Irvine Bail Bonds company would need to put up a bond of at least $20,000.

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The bottom line is, don’t drive drunk in California.

When an Irvine Police Officer arrests you for suspicion of driving drunk, he has an ability to take possession of your driver license. He is going to issue a temporary license that is valid for about 30 days. You can have a request for hearing before the DMV (Department of Motor Vehicles) in the next ten days. During this hearing procedure, the DMV is going to determine if you are able to get your driver license back or not. The DMV is able to decide whether to give the license back to you. If you have 0.08 percent of BAC or higher, the DMV is going to suspend your driving license for up to four months. If you have previous conviction in the last ten years, you are going to have at least a one year suspension. If you declined to take the BAC test, the DMV is able to suspend your driver license for about one year.

by Sarah Torres

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