For most people arrested for a Glendale DUI charge, the criminal complaint the DA will file against them will consist of two separate misdemeanor offenses:
California Vehicle Code 23152(a) - Driving under the influence of alcohol above 0.05% or under the influence of drugs
California Vehicle Code 23152(b) - Driving under the influence with blood alcohol concentration (BAC) level of 0.08% or higher. Thus, you face two misdemeanor counts for one alleged criminal act. Although you can theoretically be convicted on both counts, you would only receive one punishment as you can not be punished for both misdemeanor charges. The punishment for VC 23152(a) and VC 23152(b) is exact. There is no advantage to being sentenced to one over the other. Furthermore, a conviction in Glendale Court or Burbank Court to either DUI offense would trigger a mandatory ignition interlock or IID requirement. You DUI punishment can be enhanced under VC 2352(a), however, if it is alleged you refused chemical testing, which in that circumstance, you would be charged with a DUI refusal which carries mandatory jail and a license suspension with NO eligibility for restricted driving.
In Glendale and throughout California, a first offense DUI charge carries a punishment which includes a maximum of 6 months in jail, up to 5 years of summary probation, fines and penalty assessments totaling approximately $2,000, IID requirement, license suspension, and mandatory completion of DUI classes up to 9 months. Furthermore, as a priorable offense, drunk driving convictions can be stacked to further enhance punishment. Therefore, you face harsher penalties, which include mandatory minimum jail time and longer license suspensions if you have prior convictions within 10 years of your most recent DUI arrest.
In addition to prior DUI convictions penalty enhancements, there certain aggravating circumstances that can result in harsher criminal punishments, even on a first offense DUI. Examples of DUIs with aggravating circumstances include charges of child endangerment if you were arrested for DUI with a minor child under 14 in your vehicle, had a BAC level of 0.15 or higher, refused chemical or breath testing, or drove at an excessive speed.
Call For A Free Consultation If You Have More DUI Related Questions
The drunk driving defense experts at our Glendale DUI firm have over 70 years of combined DUI law experience. If you have been arrested for a DUI in Glendale, Burbank, or any of the surrounding areas, contact us today online or by phone at (818) 572-9090 to schedule a free consultation by phone or in person at our office in Burbank.
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