What a New Jersey Resident Should do if Arrested for DUI in Los Angeles

February 12, 2013 · by Albany Criminal Attorneys · in

Out of state visitors to California are often arrested for driving under the influence (DUI). In California, it is a misdemeanor to drive with a blood alcohol content of .08% or higher. It is a separate misdemeanor when one drives while impaired to a degree that he or she cannot operate a vehicle with the caution of a sober person.

Penalties for DUI in Los Angeles 

English: AMS2000 Ignition Interlock Device man...

English: AMS2000 Ignition Interlock Device manufactured by Guardian Interlock Systems (Photo credit: Wikipedia)

Penalties for a first DUI within 10 years in Los Angeles include:

–          Fees and a fine of between $390 and $1,000. Note, these fines are subject to a penalty assessment, a “tax” of 260%;

–          An alcohol class between three and nine months;

–          Between zero and 180 days in county jail;

–          Installation of an ignition interlock device;

–          License suspension (at least 30 days without a restricted license).

Penalties for second DUI within 10 years in Los Angeles include:

–          Fees and a fine of between $390 and $1,000. Again, these fines are subject to a penalty assessment, a “tax” of 260%;

–          An 18-month alcohol class;

–          Between 96 hours and 365 days in county jail;

–          Installation of an ignition interlock device;

–          License suspension (at least 90 days without a restricted license).

Penalties for a third DUI within 10 years in Los Angeles include:

–          Fees and a fine of between $390 and $1,000, subject to a penalty assessment, a “tax” of 260%;

–          An 18-month alcohol class;

–          Between 120 and 365 days in county jail;

–          Installation of an ignition interlock device;

–          License suspension (at least 90 days without a restricted license).

A fourth and subsequent DUI conviction within 10 years is a felony and can result in up to three years in custody.

DMV Process in California for Out of State Residents

If you are not a California resident and have been arrested for DUI in Los Angeles, you were likely not given the typical 30-day pink temporary license that California residents receive. However, your privilege to drive in California could be automatically suspended after 30 days. To prevent an automatic suspension of the privilege to drive in California after 30 days, the DMV must be contacted within 10 days of the arrest.

Drivers Under 21 Years of Age

California is a zero tolerance state with respect to minors and driving under the influence. This means that the privilege to drive in California can be suspended for one year if a driver is under 21 years old and has blood alcohol level of .01% or higher.

Driving Under the Influence Causing Injury

Driving a Motor Vehicle causing injury in California can be charged as a felony or a misdemeanor. Typically, the severity of the injuries will determine whether the case is filed as a misdemeanor DUI or felony DUI. A prosecutor makes the decision regarding what charges to file, and a judge can reduce a DUI involving injury from a felony to a misdemeanor during the pendency of a case or after a conviction.

Jason Lieber is an attorney at Lieber Williams & Labin, a criminal defense law firm in Los Angeles. If you have been charged with DUI in Los Angeles, always consult an experienced lawyer.

 

 

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