Los Angeles DUI Lawyer Blog

The potential consequence for a Los Angeles Drug Possession charge, varies upon several different factors. Consequently, the final sentence will be different for each defendant and will fall within a wide spectrum.

California Health and Safety Code 11357 states that anyone found carrying concentrated cannabis may be penalized by not more than a year in county jail, and/or a $500 fine. In certain situations, a defendant may be sentenced to imprisonment in State Prison.

Someone who is found with more than 28.5 grams of marijuana, other than concentrate cannabis will be guilty of a misdemeanor and punishable by no more than $100 fine for a first offense. For offenses other than the first offense, the final sentence will be towards the harsher end of the spectrum in comparison to the first offense which will be on the lower end. Anyone found carrying more than 28.5 grams of marijuana, other than concentrated cannabis will be guilty of a felony and sentenced up to six months in county jail and/or up to a $500 fine. Similarly to a misdemeanor charge, a second or third offense will be treated with a stricter punishment.

A Judge will consider the facts of the specific case, Prosecution's argument and the powerful defense provided by a Los Angeles Criminal Defense attorney. An experienced attorney will get to work immediately preparing a powerful argument that portrays you in the most positive light. At Hoffman and Associations we have been representing clients on drug possession charges all over Southern California for over 30 years. We have a solid reputation after handling thousands of cases similar to yours so that you have the confidence you want in a criminal attorney and see the results you want!

Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as all criminal charges.

The scope of this blog is not to discuss the pros or cons of pleading guilty or no contest in any particular clients case, since the merits and facts of each case would need to be evaluated to determine the strength or weakness of a criminal prosecution, and whether or not a plea is in the best interest of the client. A careful analysis of any factual evidence, any blood or alcohol test indicating the presence of alcohol and/or drugs, and any witness testimony favorable to our clients.

There are three ways a person in a DUI or Criminal Case can be found guilty. At a court trial a judge after hearing all facts of the case presented by the prosecutor and the defense attorney find the defendant guilty beyond a reasonable doubt.

Secondly, at a jury trial consisting of a panel of 12 citizens hearing the case presented by the prosecutor and any defense put on by the defendant, a unanimous verdict of guilty is returned. It only takes one juror, who believes that the prosecutor has not proved its case beyond a reasonable doubt for guilt, to create an undecided or hung jury. In this case, the judge orders a mistrial and it is up to the prosecutor whether to make a decision whether to retry or dismiss the case.

Where a guilty plea, or finding by a judge or jury determines that the facts demonstrate th is run at the defendant is guilty beyond a reasonable doubt, the defendant is found guilty.

A no contest plea is a type of plea where the defendant accepts responsibility, but does not admit to the truth of all of the facts contained in the police reports. This decision is made when the defendant feels it is in his best interest to accept the benefits of a plea bargain, which protects the client from a greater potential consequence or penalty.

A no contest plea should always be entered regardless of the facts, in any case where It is nan accident and or any potential injury is present. This type of plea protects the driver in the event that a civil suit is filed against the driver to recover damages for property damage and/or personal injury. This type of plea cannot be used in any manner against the driver in the event of a civil suit, and still allows the driver and his insurance company to even contest liability for causing the accident. A guilty plea, could be used against a driver in a civil suit which is never helpful. I'd yet to her son

A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.

For example, in a DUI arrest the officer's observations the driver had been weaving or lane straddling provides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that's not always the case. A police officer's job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred. This can cause one to question the written the neutrality of their observations and opinions.

Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.

Anyone charged in a DUI or Criminal Case can certainly benefits by having a witness which can if they are willing to, testify to positive aspects of one's defense, or offer exculpatory evidence which can cast doubts on the observations of the officers or other prosecutor witnesses. A percipient witness is a person who actually observes events which often have led to the defendant's arrest. This type of witness is the most valuable, since they are often viewed more neutral than the defendant himself.

Another category of witness, call an independent witness can be very valuable as Well. This witness is often viewed with more credibility since they are not favoring either side, and often have no ax to grind or motive for falsification, because they often do not know any of the parties. These type of witness are viewed as just telling what they saw, without putting a spin on it, favorable to either the prosecution or defense.

Witnesses have the capacity to convince a prosecutor, judge, or jury of the truth, or lack of truth. In simpler terms, one or more witnesses can not only help show that you are innocent, but, it can also help show that you may be guilty. A careful evaluation, by an experienced Los Angeles Criminal Defense attorney, of the value of any witnesses testimony needs to be carefully reviewed and considered before introducing their testimony at a court or jury trial.

A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation. Furthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

In certain instances specific rules may be imposed and if violated will lead to a probation violation charge, as will a failure to appear in court when asked to do so by a Judge. Another action that will be grounds for a probation violation is if a defendant fails to report to an officer, if it is part of their probation requirements.

Some violations will be of a more serious nature and will therefore lead to harsher consequences. If a defendant on probation is caught with an illegal substance, found committing another crime, or arrested, the result of such misguided actions will not be taken lightly by the Criminal Court.

Whether the probation violation is on the higher end of the spectrum or towards the lesser degree, it is smart to have a knowledgeable Los Angeles DUI and Criminal Defense Attorney on your side. A Lawyer, such as Ronald Hoffman, has been practicing Criminal and DUI Defense for over thirty years and has built a solid reputation with the Judges and Prosecutors throughout Southern California. He knows how to build a strong and strategic defense for your specific case and can get your probation reinstated without further consequences. Call our office for a no obligation consultation today!

Driving under the influence of alcohol or even drugs Is the most commonly committed criminal offense in the United States. That being said, it is easier to understand why many courtrooms throughout California are filled with drunk driving cases each day. There in lies the problem. In these high-volume courtrooms, especially in major cities like Los Angeles, prosecutors have very little time to read and review the details of each case .This can be a benefit to clients.

The benefit is that in these very busy Courts, prosecutors and judges are forced to spend increasingly less and less time in reading and reviewing as well as evaluating each case on its individual merits. In my over 30 years of courtroom experience as a drunk driving defense lawyer, that actually benefits my clients each day.

Generally in police arrest reports, there is only negativity, rarely are police officers writing about the positive elements of the person they're arresting. Their focus is to build a case to prosecute, rarely to assist the defendant in minimizing the appearance of their conduct.

The downside... generally in high-volume courts defendants are viewed more like case numbers and not like people. When this occurs, there is often no personal information about the defendant or any mitigating circumstances like the positive background of the client, job, lack of criminal record, family or other favorable information. Once this positive information is infused by an effective and experienced defense lawyer, a more favorable and balanced view of the client, always leads to better results.

At Hoffman and Associates our firm of skilled and highly effective advocates begin from the day were retained to develop all possible favorable information, not only about the facts of the case, but also about our clients background. This creates a foundation for building a defense for each client. We commonly ask our clients at the beginning of our representation to provide as with character reference letters, resumes, letters from employers, and any other positive information to show a more positive side of our clients background, contrasting the negativity of the information contained in an arrest report.

The officer's observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California's case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violations the officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

Although citations for alleged violations are generally not issued for each separate violation, the officer is always seeking to list as many possible violations to build a stronger case against you. Eventhough a ticket typically is not issued at the time of arrest for any DUI, don't be surprised that the officer had listed each and every violation he claims he saw in your police report. Carefully reviewing this report can make you and your attorney aware of the numerous discrepancies contained in the report.

The field sobriety tests, or coordination tests are given by the police officer as a building block to show your lack of coordination and impairment related performance. Although it is always good to be cooperative, it is also important to know what is legally required, and that which is not. These field sobriety tests are not required by law, and since 90% of all drivers completing these do not pass in the officer's eyes, there seems little advantage to agreeing to perform these tests, which are challenging without consuming alcohol.

Your blood-alcohol testing or BAC level, is the contents of your alcohol level determined by a breath or blood test. You have a choice of completing either of these tests, and although the choice is yours, the law requires that you complete at least one of these tests when requested by a police officer who suspects that you have been driving under the influence.

The higher your blood-alcohol level above the legal limit of .08% creates a stronger case against you. Your statements about what alcohol you have consumed, or your admissions to feeling buzzed or impaired, rarely are favorable to making you look better. It is always good to refrain from making additional statements which further corroborate the officers observation about your level of impairment. Don't help the prosecutor build a stronger case against you.

Our clients who have been charged with a Southern California theft offense face a range of potential consequences. They will be sentenced along a spectrum of penalties ranging from time in jail, to community service, to a fine depending. Where they land on the scale depends on the specific facts of the case and the value of the object stolen.

A theft offense will be charged as Grand Theft when the value of the merchandise stolen is over $400. For cases involving the theft of a firearm, potential consequences can range between 16 months imprisonment in state prison up to 3 years. (California Penal Code 489). For all other cases involving Grand Theft, the penalty will be up to one year in county jail or state prison.

A Southern California theft offense in which the value is under $400 will be charged as petty theft. Petty theft will be punished by a fine up to $1000, or up to 6 months in county jail, or both (California Penal Code 490).

The sentence that is imposed will depend on the factors surrounding your unique situation and how your case is presented in court by your Criminal Defense attorney. A knowledgeable attorney will be able to develop an effective defense after reviewing the specific facts. Over thirty years of experience is reflected in the expert manner with which Hoffman and Associates handles your case.

Our highly skilled staff works efficiently to weaken prosecution's argument so that your potential penalty falls at the lower end of the sentencing scale. Good Criminal Defense attorneys, such as the professional staff at Hoffman and Associates, will keep your best interests in mind and fight hard to get you the best results possible!

Our Southern California law firm has represented many clients who have been charged with California theft offenses. California theft offenses are defined and charged under California Penal Code 484 through 490.

California Penal Code 484 (PC 484) defines what acts constitute theft. Penal Code 484 is quite lengthy and describes many different forms of theft. However, it first defines theft as an offense committed by those who "steal, take, carry, lead, or drive away the personal property of another". Not only is this the most common definition of theft, it is also the one our knowledgeable California Defense attorneys represent most often.

The California Penal Code 486 divides all theft offenses into two degrees; petty theft and grand theft. California Penal Code 487, through several sections, defines what acts constitute grand theft. A theft will generally be classified as Grand Theft when the value of merchandise stolen is over $400. Most Grand Thefts will be charged as felonies and consequently punished at a harsher degree.

Any offense that does not fall under CPC 487, and/or is under $400 will be charged as a petty offense (California Penal Code 488). Petty Offenses are generally misdemeanors and will be sentenced at a lower end of the spectrum depending on the specific facts of the case.

If you have been charged with a theft offense under the California Penal Code let our experienced Criminal attorneys help you with your case. After thirty years of experience in courtrooms all over Southern California, Hoffman and Associates will carefully study all the specific facts of your case and prepare a strategic defense to ensure the best results. Our goal from the beginning of the case through to its completion is to make sure you feel confident in our defense and are satisfied at all stages of your case. Let our team of skilled attorneys provide you with the help you need.

It is important to understand the scope of issues involving being prosecuted on suspicion of driving under the influence of alcohol and/or drugs. A DUI arrest begins a systematic process by the Department of Motor Vehicles to suspend your driving privileges, even if this is your first offense.

Although both the court and the DMV procedures seek to sanction a driver for the unlawful use of a motor vehicle after the consumption of an illegal level of alcohol or drugs, they go about it in very different ways. Each entity follows different guidelines, and separate issues and procedures, and totally different consequences. The main thrust of the DMV is to determine whether or not the alleged DUI driver was stopped by the police with proper cause, and whether or not the driver had a blood alcohol level (BAC) of .08 or over. More severe and longer suspensions are doled out to drivers who refuse to submit to a chemical test, after being stopped on suspicion of driving under the influence.

The courts approach the issues above, but use different sanctions. A range of potential penalties including probation, fines, jail time, alcohol programs, community service, hospital/morgue programs, and mothers against drunk drivers meetings, as well as Alcoholics Anonymous attendance are some of the legislated penalties facing those convicted of DUI's.

The attorneys at Hoffman and Associates are tough courtroom advocates, but take the time to explain to each of its clients the challenges one faces after being arrested for a drunk driving case. So much of the fear and anxiety of the unknown is traded for an awareness of the value of being protected by a skilled DUI attorney.

Our sole goal and responsibility is to minimize or eliminate the potential hardship and consequences of a DUI arrest. Our firm has advised thousands of clients in situations similar to yours feel better, by understanding all of your legal rights, defenses and most importantly their options.

Your driving record is a very important indicator in the eyes of a prosecutor or judge as to how responsible the driver has been There are a number of factors that are considered in interpreting your driving record. These include the number of moving violations, traffic accidents,( where the driver is deemed to have been at fault) other infraction or misdemeanor violations like driving on a suspended license, driving under the influence of alcohol, hit-and-run, and other potential violations which can affect the outcome of your current case.

DUI cases can be dramatically affected by one's driving record and prior convictions of certain types of offenses. Typically, persons facing potential penalties for a first offense driving under the influence case without aggravating circumstances are not required to do any jail time, which is a very good thing.

Those drivers who have been convicted of driving under the influence offenses within the last 10 years face a mandatory minimum jail sentence between 96 hours and one year in jail. Anyone convicted of a third DUI within a 10 years face incarceration of between 120 days in jail and one year in jail.

It becomes clear based upon the above legislative guidelines that the law mandates substantially increased penalties based upon the driving record of the person arrested for a DUI.

Another consideration for prosecutors in determining their offer to settle is the frequency of prior offenses and other violations on one's driving record, as well as the recentness of prior offenses. For example, a driver who has recently been arrested for a DUI faces a much harsher penalty if his prior DUI conviction was very close to the conviction on his first offense. The typical Of probation on a DUI case is three years. If a second or third conviction occurs within this period of probation, potential penalties are far greater than they would be for cases outside of probationary term.

Prosecutors also add penalties which often include jail time for those drivers whose licenses are suspended at the time that they are arrested for a driving under the influence case. Further, even greatly increased penalties have been legislated for those drivers previously convicted of driving on a suspended..

Drivers convicted of hit-and-run, and other traffic related infractions and misdemeanors can be considered by a prosecutor and judge to increase the potential penalties the driver faces on his or her present case.

An experienced drunk driving defense lawyer, can use his skill and expertise in minimizing or eliminating the necessity of clients in these going to jail.

At the Law Offices of Ronald N Hoffman, we have represented thousands of clients in these circumstances and successfully eliminated or reduced the necessity of jail time.

Anyone been arrested for a driving under the influence case is never happy to be in that circumstance. For members of our armed forces including those serving in the Marines or Navy in San Diego County face even greater challenges and potential penalties. It becomes very clear that the service, regardless of which one treats any DUI arrest very harshly, and starts its sanctions even before any court date, or prosecution by the state has begun.

Although it feels like double jeopardy, that persons in the service are punished twice, once by the military and once by the criminal justice system for the same offense, it is not. Federal jurisdiction over the military empowers it independently to punish soldiers for offenses that they commit on or off a military base. A drunk driving arrest, even prior to any court proceeding or conviction can result in a serviceman being confined to base for 2 to 3 months, have their rank reduced, have their pay cut in half, and often required to complete an alcohol education program on base.

By comparison, a civilian charged with suspicion of driving under the influence of alcohol, is considered to be innocent until that person pleads guilty, or is found guilty after a jury trial. It is only after that finding of guilt that penalties are imposed. Both military persons and civilians being convicted of a DUI are placed on summary or unsupervised probation, required to pay fines in excess of $1500, complete a minimum of 12 weeks of alcohol education and in some circumstances serve jail time.

San Diego Marine and Navy personnel arrested for a DUI may also face penalties from the Department of Motor Vehicles in the form of a driving privilege suspension. What makes this problem more challenging is that most service people in San Diego have drivers licenses issued him other states. Those individuals found to be driving with a .08% of alcohol may have their California driving privileges suspended between four months and one year after a hearing before the DMV. It should be noted that California only has jurisdiction over a person's privilege to drive in California, regardless of where that person arrested holds a drivers license. The California DMV cannot suspend any other states drivers license.

Our firm of DUI Defense Specialists has helped hundreds of local service men and women sort out and minimize the effects of a DUI arrest on those special people serving our country in the military. Consulting an attorney immediately after a DUI arrests can minimize some of the potential complications by not missing critical deadlines created by one's arrest.

An experience DUI attorney can also under most circumstances be able to appear in court on behalf of the soldier thus also avoiding further problems in the military.

When clients are unfortunately faced with being prosecuted for a DUI or other Criminal offense, it is not uncommon to feel overwhelmed and fearful about their rights, defenses and possible consequences they could face if they were found guilty.

The most important decision is selecting an attorney who firstly they trust, treats them with compassion and respect, And yet is completely honest. This lawyer should possess extensive experience and courtroom skill, as well as possessing long-standing relationships with judges and prosecutors which gives them a rich and deep understanding of the treacherous waters of the legal justice system.

Potential clients should be wary of attorneys who are not willing to explain their defense strategies for protecting you, but merely say 'don't worry, I'll take care of everything'.This keep you in the dark style of representation was popular many years ago in the legal community, but although still present among some attorneys, thankfully is in the minority.

Effective legal representation in DUI and Criminal cases should always be a partnership between lawyer and client. A lawyers job, and only job is to protect the best interests of the client by achieving the best results possible based upon the evidence gathered by the police, and any defenses, evidence, or witnesses the client has in their defense.

It is not unusual, that the client possesses the most valuable information possible, since frequently the client was present at the time of the alleged violation. Police officers, although theoretically are employed to protect and serve the community, are by no means a neutral as it or disinterested party. The suit comes ir observations, gathering her of evidence, and opinions can be tainted by their desire to build a case against you.

It is essential that you assist your counsel by being openand honest about everything you know about the charges against you, both favorable and not so favorable. A client should never withhold anything from his or her lawyer because of their fear, shame, or embarrassment. Lawyers are not here to judge, but to defend and protect. Keep in mind,that besides what a lawyer reads in any police report, very often the attorney is left with a certain impression of the case. It is always important for the client to provide as much information as they can to assist the legal counsel in properly evaluating and preparing your defense. This important information can often lead to dismissals,or reduced charges and penalties.

Lawyers need and appreciate information from their clients through a full and open disclosure of everything they know so they can use their skill in presenting all favorable information to the judge and/or prosecutor to obtain the best results.

The purpose of this article is solely to discuss effective techniques and alternatives to anyone having to be incarcerated for any length of time, if at all possible to avoid. This article offers a number of practical tips for those people in legal trouble and is certainly not designed or intended to discuss the facts or circumstances of a DUI or Criminal case, or any defenses that may prevent a client from being guilty or convicted of any charge.

It is not uncommon in DUI or Criminal cases for a prosecutor to seek a range of different consequences including summary or formal probation, fines, community service, alcohol programs, and jail time. For over 30 years our law firm has represented clients facing these potential consequence. Without a doubt the biggest concern for all our clients is staying out of jail. Therefore, our biggest concern is fighting to protect our clients freedom from jail by the use of alternatives like Caltrans, community service, electronic surveillance, and even private city jail facilities.

Once retained, it is critical that your attorney carefully evaluate the strengths and weaknesses of the facts the prosecutor plans on using against you, versus any defenses including witnesses, you have which would establish a strong defense of your innocence.

When this evaluation has been completed, it is valuable to also consider any possible plea bargain that would protect your client from being incarcerated. One of the powerful techniques our law firm uses daily is to start to build a positive profile of each of our clients by showing his or her good character, solid work history and any efforts towards rehabilitation including counseling.

If the nature of the case is alcohol or drug-related then appropriates Alcoholics Anonymous or narcotics anonymous login sheets are used to track voluntary attendance at these self-help programs. Proof of these contribute to showing the prosecutor and/or judge that the allegations in the criminal case being presented are either highly unlikely or an aberration of the clients generally law-abiding behavior.

Although it is not unusual, for a prosecutor to seek a jail sentence in many criminal cases, a strong showing of the above positive qualities of the client can help the attorney present a powerful argument for the use of non-jail alternatives like community service, Caltrans, graffiti removal, or other forms of public service as a means of punishment in lieu of jail.

In the event that the facts would not warrant a court or jury trial, and the prosecutor or judge are unwilling to waive seeking incarceration in county jail, they are frequently agreeable with allowing the client to serve any time in a private city jail at the clients expense. Very often a good plea bargain can structure jail to be served on weekends or during non school times, for students.

Electronic surveillance which is commonly known as house arrest is also a widely used alternative to jail which allows a client to serve their sentence at home being electronically monitored, but frequently with the ability continue to work their job and sustain the ability to pay their bills.

An attorneys ability to properly evaluate the facts of any DUI or Criminal case and effectively use creative alternatives to jail, always puts the clients best interest first, while protecting all of their legal rights.

Enhancements are aggravating factors that prosecutors use to increase penalties in DUI cases. The California legislature has over the past years, set forth laws that direct prosecutors and Judges to take aggravating factors into careful consideration. As a result, a case involving enhancements will be given a harsher sentence. There are many different types of enhancements which take a basic DUI case into an aggravated DUI case. These factors include, traffic accidents (with or without injuries), an excessive Blood Alcohol Level (BAC), driving on a suspended license, having prior DUI convictions, being on probation for a prior criminal conviction.

A Blood Alcohol Level (BAC) of .15% or higher is grounds for an enhancement and carries with it recommended Jail time even on a first offense. Prosecution will argue a high BAC against your favor and consequently, it will have a significant effect on the ultimate sentence imposed. Even though the law indicates that any BAC over .08% is over the legal limit, the higher the BAC the more potential for danger. The Judge will consider a higher BAC and will treat it as an enhancement when accepting or denying prosecutions plea bargain.

An accident caused in the course of or as a result of the DUI will also be taken as an enhancement. Accidents happen on a broad spectrum. An accident without injury, (someone hitting a parked car) although an aggravated circumstance, will be punished less than and accident causing bodily injury. The Prosecutors will make a note of the severity of the accident and will give great weight to any injuries sustained to a victim of a DUI driver, including the nature of the injuries, any required medical treatments or hospitalization and the duration of any disability caused to the victim as a result of the accident. Disabilities will also include a loss of earnings. Was it with a parked car with no one in it? Did the people injured have to be hospitalized? Did the victim miss work? Was the injury caused by the accident one with short term effects, or long term effects? In short, how did the injury sustained by the victim affect their life. Naturally the more serious the injury, the greater the punishment the prosecutor seeks.

One thing, however, is for sure; a DUI with an enhancement will be considered towards the further end of the spectrum as far as sentencing. Prosecution will vigorously argue for the harshest punishment possible. Clearly, aggravating factors along with general facts of a case can create the potential for substantial jail time over a basic DUI case. For these reasons, it is advisable to immediately seek the assistance of counsel of an experienced DUI defense lawyer who can protect you from the often harsh consequences sought by a prosecutor in these types of cases. A California DUI Attorney who presents to the Judge all aspects of your life, including your work, school and social life will argue your case to the best possible degree and will successfully reduce your sentence.

Penalties for a DUI conviction can range from fines to jail time. The final sentence will depend on a number of different elements that a prosecutor has available to penalize people charged with driving under the Influence. These include probation, fines, different alcohol programs, Cal Trans ( trash clean up) and jail time. factors, and therefore it is difficult to ascertain a specific formula as to which sentence will be given.

Clients often overgeneralize about the penalities for a DUI arrest and believe there is a set penalty for a DUI case, however this is not the case. DUI sentencing laws are written in ranges of potential consequences. Although there are certain minimum penalties set by law if one is convicted, skilled defense lawyers can often minimize the harshness of great punishment

Fines will range from $390 to $1,000 plus penalty assessment. The penalty assessment will triple the fine as a result of court costs and taxes. Consequently, the more accurate range including all costs is from $1,500 to $4,500.

In addition to a fine, a Judge may also accept Prosecution's recommendation for a mandatory alcohol program or Mother against Drunk Driving program which could range from three to nine months. Cal Trans may also be ordered. Cal Trans is a program that requires trash pick up on the freeway, or graffiti removal.

Probation can be issued with or without serving jail time. A DUI conviction will usually yield a period of probation from three to five years. Most non injury, misdemeanor DUIs will require informal probation whereas more serious DUIs will result in formal probation. Formal probation requires supervision and regular reporting to a probation officer who monitors your good behavior and assures that you stay out of trouble.

It is popular belief that jail time cannot be given for a first time offense. However, that is not the case. Jail time can, in fact, be imposed on a first time offense, depending on the facts of the case. The Judge has the discretion to impose zero to six months of a jail sentence for first time offenders. This range of potential jail time gives your defense lawyer great latitude in negotiating for you to avoid any jail time. For a second offense within ten years, there is a mandatory jail sentence ranging from 96 hours to a year. For a third offense there is a mandatory minimum of 120 days in jail to one year. There will be an additional jail sentence added if the DUI occurs while serving probation for a previous DUI.

There are however, alternatives for serving a mandatory jail sentence, especially if you have someone representing you who can efficiently argue in your favor. You can have the option to attend private jails which can cost you $75 to $100 a day and can be completed on a part time or weekend basis. Additionally, there are different forms of electronic surveillance, or house arrest.

Regardless of your sentence, there may be options for you to consider even after you have been sentenced to cause your life the least amount of complication. Consult a California DUI attorney who has successfully argued cases in which the Judge has readily sympathized and given lesser sentencing. Furthermore, hire an attorney who understands your needs and creates the opportunity for alternatives to mandatory jail time.