Typically when somebody is facing DUI charges, they are not going to get any sympathy from a judge or from a prosecutor even if the person has never had any trouble with the law in the past or they’ve never even gotten a speeding ticket. They are going to be facing very harsh penalties that apply to anyone across the board. Whether somebody has a long criminal history and gets a first DUI or someone had no criminal history and gets a first time DUI, the penalties won’t be mitigated out of mercy.
In a DUI Case, a Person with a First Offense Will Be Dealt with the Same Way as a Person with Prior Offenses
They will often be treated exactly the same in the court’s eyes. DUIs are very political and it is a very charged area of the law with Mothers Against Drunk Driving and other advocacy groups fighting very hard against people who are drunk driving or driving under the influence. Nobody wants to look like they’re soft on DUIs, and even perfectly clean driving records with perfectly clean criminal histories will get the same penalty as someone who has had many brushes with the law.
An Attorney Can Potentially Have the Amount of Probation Time Reduced If the Defendant Complies with All Conditions Imposed
On a DUI case in Los Angeles County, if somebody has been convicted then they are going to be placed on probation. Typically that is an informal probation where they do not have to check in with anybody, but it maybe formal where they do have to check in and there maybe costs of probation associated with that. The probation period will last a minimum of three years according to state law, and it could be as long as 5 years. Under certain circumstances, an attorney may be able to end or terminate probation early.
It Is Advisable to Move for an Expungement After the Term of Probation Has Expired
Although the state law requires three years, there are exceptions that can be made where a judge has good cause to shorten probation or end the probation early, and by ending the probation early it would remove the requirements of probation such as not being able to drive with any alcohol in the system or to report in to a probation officer. There are certain situations where an attorney can go into court, explain some extenuating circumstances to a bench officer, a judge or a commissioner in an attempt to get probation terminated early. I recommend to clients after probation is terminated or ended that the person moves for an expungement.
Diversionary Programs Available to First Time DUI Offenders in California
For a first time DUI conviction there are certain required classes. The AB541 is a 3 months first offender alcohol program and the class goes over various topics related to DUIs. They will discuss driving in general, driving safety, as well as alcohol, the effects of alcohol on human beings and the effects of alcohol on how human beings are able to drive. The alcohol education classes will have a couple of different formats; some classes may be one-to-one sessions.
Many DUI Education Courses Have an Alcoholics Anonymous Component to Them
DUI class sessions can be one-on-one with a counselor; other sessions will be in small groups of maybe six people or larger discussing the effects of DUI on them in a particular situation. You maybe be in a big group of 30 people or so who have been convicted of driving under the influence. The total length of the class is somewhere in between 30 and 35 hours. Many courses also have an alcoholics anonymous (AA) component to them where they will attend several AA meetings to learn how that process works, how the 12-step process works and a little bit more about substance abuse.
Personal Attention
