Potential Consequences of a DUI Guilty Plea in California
Following California charges for DUI, the prosecutor in your case may immediately offer a "deal." This deal could include allowing you to avoid jail and get on with your life in return for a guilty plea. It is easy to see how this could sound appealing. For most people, being charged with DUI is anxiety-inducing, stressful, and embarrassing. Getting it over quickly can certainly sound like the best approach.
Unfortunately, this type of quick relief could end up costing you far more than you might imagine. In the state of California, a DUI conviction triggers a litany of consequences, both immediate and long-term. It is crucial that you fully understand what rights you are giving up, when a guilty plea might actually make sense, and how a highly experienced Richmond, CA DUI attorney can negotiate a better alternative.
What California Laws Govern DUI Charges?
There are two primary DUI statutes in California: Vehicle Code Section 23152(a) and Vehicle Code Section 23152(b). These statutes discuss the illegality of driving while impaired, and that a 0.08 percent BAC is the legal limit in the state. A first-time DUI in California is usually a misdemeanor, barring any enhanced penalties. First-offense DUI penalties in the state include:
- A six-month driver’s license suspension
- The possibility of a restricted license with an ignition interlock device
- Fines from $390 to $1,000
- A mandatory three to nine-month DUI program
- Up to six months in jail
- Three to five years of probation
- Community service
- Attendance at a MADD victim impact panel
- Significantly higher car insurance rates for at least three years
- California DUIs stay on the defendant’s record for at least 10 years, potentially affecting employment.
What Does a Guilty Plea in a California DUI Case Mean?
A guilty plea is a formal conviction, meaning it is the same as being found guilty at trial. When you choose to plead guilty to DUI charges, you waive your rights to:
- A jury trial
- Confronting witnesses
- Suppression of an illegal stop
- Suppression of chemical test results
- Suppression of field sobriety test results
- Violations of the defendant’s Constitutional rights
These are all areas where a knowledgeable DUI attorney can potentially show that evidence was illegally obtained or was not valid and should be suppressed. In some cases, the entire case can be dismissed because of violations of the defendant’s rights.
Are There Any Situations Where a DUI Guilty Plea Could Be the Best Option?
There are a few situations where a guilty plea might be the best choice; however, defendants should never plead guilty without consulting a knowledgeable attorney. If the evidence is overwhelming, meaning there were no procedural flaws, the BAC test is valid, and the stop was lawful, and the prosecutor is willing to offer a plea that does not include jail time, then a guilty plea might be the best choice.
If the prosecutor is willing to negotiate the DUI down to a "wet reckless, which has reduced penalties and no mandatory IID, then a guilty plea might be warranted because a wet reckless conviction tends to carry less stigma for employers. If the prosecutor is willing to offer a pretrial diversion program, or there is a time-sensitive employment or licensing renewal at stake, then a guilty plea might bring fewer risks.
Contact a Napa, CA DUI Lawyer
If you are facing DUI charges in California, do not plead guilty before consulting with a Richmond, CA criminal defense attorney who understands the system and can assess whether the evidence is valid. Attorney Burglin has represented more than 5,000 individuals charged with DUI and has been lead counsel in more than 120 DUI jury trials in his 32-year career. He is a graduate of the University of Indiana’s comprehensive course on chemical testing and scientific protocols in DUI cases. Call 415-729-7300 to schedule your free consultation.
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