The Probable Outcome of a First Offense DUI Case in California

If someone is convicted of driving under the influence in Los Angeles County, there are going to be certain mandatory penalties. If there is a conviction for a DUI in Los Angeles, the person will be placed on informal probation. The only way around informal probation would be to go to jail and most of the time that’s not the best option for someone, so we typically would see someone placed on probation. The minimum probation on a DUI would be three years; it could be up to five years of probation.

No Need to Check-In with a Probation Officer for Informal Probation

Typically with informal probation, the person doesn’t have to check-in but there are certain courts in Los Angeles that would require formal probation where the person would actually have a probation officer and you would have to check-in on a regular basis. The probation would require that the person not violate any laws and not pick up any new offenses. Typically people on formal probation cannot drive with any alcohol in their system at all, like Zero Tolerance and sometimes terms of probation would preclude or stop someone from going to a place where alcohol is the primary purpose such as a bar.

In Addition to Probation There are Fines and Assessments Worth over $390 for a First Time DUI

There could be other requirements as terms of probation. In addition to probation, there are other mandatory requirements for someone convicted of driving under the influence. The person would be required to pay certain fines and fees to the court as part of the punishment; the mandatory minimum by state law on a first time DUIs is $390. However, it’s not just $390 that’s required; there are additional penalties and assessments that are added on to what is referred to as the base fine of $390. When you add on the penalties and assessments, the fines and fees will be multiplied by 5. That number is constantly going up and constantly changing depending on the particulars of the court and the particular date of violation or date of conviction.

The Penalties and Assessments Include a Variety of Different Factors and Costs

Basically they are hidden fees that get assessed to someone who is convicted of any vehicle code or penal code and there are mandatory statutory enhancements which basically would triple the base fine. Then they add that to the additional court costs which could be for running the court house and providing security at the court house. There will be medical costs that are involved, there will be an alcohol assessment costs included, and there will be night court fees. All of these different fees and taxes go to the government to not only act as a punishment or a deterrent but to support the infrastructure which is out trying to stop people who have been drinking and driving.

Attending an Alcohol Class Is Another Mandatory Requirement for a First Time DUI Offender

In addition to probation and fines, another mandatory requirement of somebody who has been convicted of a DUI is going to be what is referred to as an education class. This is a class put on by private companies that have a license to work with the county and with the state to provide these DUI alcohol education and driver safety classes. The minimum class for a first time DUI would be a 3 month alcohol class. This is going to meet typically once a week and last anywhere from 1 to 3 hours. The person would go to this program once a week for 3 months, and the total cost is going to end up being for 30 to 35 hours per class. They have the 6 month alcohol class, they have a 9 month alcohol class, they have an 18 month alcohol class and which class must be taken is going to depend on the particular facts of a person’s case. Of course there are separate costs associated with attending this class.

Besides cost for the class itself, there are certain fees that the classes are allowed to charge. There may be referral fees that are due to another third-party who refers you to the alcohol class and keeps track of your progress in the class.

An Ignition Interlock Device Is Also Considered Mandatory for a DUI in Some Counties

Los Angeles County is one of the four pilot counties in California that has an ignition interlock requirement. Los Angeles County requires anybody convicted of a DUI, whether that’s an alcohol DUI or drug DUI, to have installed in their car an ignition interlock, which is a breath test machine which will attempt to limit somebody’s driving if they have consumed any alcohol. The devices stop the person from starting the car.

Maintenance and Calibration Costs Associated with the Third-Party Vendor Providing Ignition Interlock Devices

The ignition interlock device keeps track of the driver’s positive results for alcohol; it will report that which requires monitoring on a regular basis as well as calibration – all of which is handled by the third-party. Of course there are additional costs associated with these third-party vendors who provide the ignition interlocks for people convicted of a DUI in Los Angeles County. That information is stored in the third-party’s computers and they will communicate with the Department of Motor Vehicles in Sacramento, reporting when the installation was done and when the ignition interlock was removed as well as making sure that the regular calibration and maintenance checks are reported to the DMV. Those are some of the mandatory requirements on a first time DUI in Los Angeles County.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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