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California DUI Laws, 1st, 2nd, 3rd Offense
Los Angeles DUI lawyer, David Chesley, and his team of experienced DUI lawyers are dedicated to providing you with the best criminal defense representation to obtain the best possible outcome in your criminal case.
If you are arrested for or accused of a DUI offense, California has one of the strictest DUI laws frameworks in the country and has imposed severe penalties for DUI/DWI offenses including jail time, monetary fines, suspension of driving licenses, and DUI schooling and/or rehabilitation program. According to the Wallethub study, California ranks on 21st on the scale of overall strictness of DUI laws and 19th position for strictest criminal penalties.
While it is good to research about the DUI penalties in California if you have a recent run-in with the law, information cannot defend you in the court, but a Los Angeles experienced DUI lawyer can. It is difficult to navigate the confusing and challenging police and court system on your own. You need the services of our aggressive criminal defense lawyers that understand the gravity of the situation and leave no stone unturned in resolving it successfully.
Factors Affecting DUI Penalties in California
The penalty for DUI offense is a combination of jail time, suspension of driving license, fines, and DUI schooling. The severity of the sentence for DUI criminal offense depends on two main factors.
A DUI in California is usually charged with a misdemeanor, but in some instances, it can be charged as a felony with more harsh sentences. Even though most of the cases are charged with a misdemeanor, the charges can become a part of your criminal record and will come up in your background check. If you want to come out clean in a DUI situation or want the penalty to be reduced to a minimum, you should consult with one of our Los Angeles experienced DUI lawyers.
When is a DUI charged as a Felony in California?
There are three instances in which the charges are enhanced and DUI is charged as a felony. These three situations include,
Penalties for a DUI Misdemeanor in California
1st Offense DUI Misdemeanor in California
If it is your first run in with law involving DUI and does not involve any serious injury to other or property damage, you are most likely charged with 1st offense misdemeanor. You can face penalties up to,
*A restricted license allows you to drive to and from work, school, or university. However, you will need a well-prepared defense by a knowledgeable lawyer to apply for restricted license.
2nd Offense DUI Misdemeanor in California
A second offense is that when you are facing DUI charges within 10 years of your first offense. A 2nd offense received harsher sentences than a 1st offense, but it is still usually charged as misdemeanor. The following penalties can be imposed for 2nd offense;
*A restricted license allows you to drive to and from work, school, or university.
3rd Offense DUI Misdemeanor in California
A 3rd offense within the 10-year period can lead to strict DUI penalties. If you are convicted for 3rd offense, the penalties can be,
4th Offense DUI Felony (incl. subsequent DUI felonies) in California
A fourth or any subsequent DUI offenses are charged as felonies. The felony is the strictest level of penalties and a person facing DUI felony can face penalties including,
Circumstances Involving Injury or Death of Another Person
The cases involving death or injury of another person are strictly dealt by California’s DUI laws. A person with DUI with injury can either be convicted of a misdemeanor or a felony based on the assessment and analysis of circumstances. The following sentences are imposed for DUI injury cases.
Misdemeanor DUI with Injury in California
If the DUI resulted in injury of another person and you are convicted of misdemeanor, the sentences can include;
Felony DUI with Injury in California
If you are convicted of a felony in a DUI injury or death case, the penalties are;
No matter what the circumstances of arrest are, At the Law Offices of David S. Chesley, our aggressive DUI defense lawyers are ready to offer you a free consultation. In a DUI case, whether it is a misdemeanor or a felony, you need professional legal representation to get charges dropped and ensure minimum sentence.
Contact us for help
A DUI conviction can have devastating impact on your personal and professional life. A conviction will lead to a permanent mark on your criminal record and will also affect your driving record. One of our experienced California criminal defense attorneys will give you an upper hand in avoiding both. At the Law Offices of David Chesley, we invite you to contact us for your free initial consultation. During this consultation we will help you explore all the options available to you when fighting a DUI or any other type of criminal charges.
To set up a free consultation or if you have any questions, contact us through our website or give us a call. One of our expert California criminal defense lawyers will be waiting to speak with you. Call us today at 1-800-755-5174.
According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol.
As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases.
The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely.
A hit and run case is when the driver after hitting another car(s) or damaging the property did not stop and left the scene without notifying other drive or property owner and law enforcement.
You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.