Arrest For Dui In California
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Because a DUI will result in an offender having a criminal record the information will appear in every background check. While it will never go away on its own, you may be able to get your DUI conviction expunged from your criminal record.
It is possible for a first-time DUI case to be dismissed, but that will require the help of an experienced criminal defense attorney who can research the facts of the case before forming a legal strategy to have the charges dropped.
If you are arrested for Driving Under Influence (DUI) in California, the arrest will be recorded and may be accessible to the public. This can have serious consequences for your personal and professional life.
Arrests that do not result in a conviction or with conviction overturned remains on a person's criminal record in California. However, such individuals may petition to have such criminal history information sealed under the California Penal Code §851.91 or Penal Code § 851.8.
Most first-time DUI offenders will have alternative sentencing options to avoid jail time. In California, some of the common sentencing alternatives to jail for driving under the influence (DUI) include drug or alcohol treatment or rehabilitation and the Mothers Against Drunk Driving (MADD) Victim Impact Program.
You should normally plead “not guilty”. In this part of the process you will receive the formal complaint and any evidence being presented. An arraignment is a short hearing with the judge when you will enter your plea of guilty, not guilty, or nolo contendere (no contest).
A DUI first court appearance signals the beginning of your criminal trial. Several legal processes occur at this hearing, including your arraignment. The judge reads the charges against you, and you're required to plead guilty or not guilty.
Starting in 2024, the legal limit for drivers over 21 will be reduced from 0.08% to 0.05%. This adjustment aligns California with other states and countries that have adopted a stricter approach to combating alcohol-impaired driving.
All in all, the consequences of a first-time DUI conviction under California law can include: 3 to 5 years of informal misdemeanor probation (typically 3 years); DUI school ranging from 3 to 9 months (typically 3 months); Fines and penalty assessments totaling between $1,500 and $2,000 (depending on the county);
