A first offender conviction for DUI carries mandatory penalties of fines, incarceration and suspension of driver’s license. Penalties for first offenders are incarceration, maximum of one year, license suspension, and a maximum fine of $1,000. The minimum fine is $390.00; the minimum jail time is 96 hours, the defendant must serve 48 hours consecutively. Conviction requires license suspension that may leave one eligible only for temporary restricted driving privileges.
The court that conducts the trial or accepts the plea has discretion over how much to add to the minimums. For example, the minimum period of incarceration is 4 days, and the maximum for the first offense is 6 months, the court based upon all of the evidence and information received, must decide. The court retains jurisdiction over the case during the period that the defendant serves, including the completion of DUI education.
Who Is Eligible?
A person convicted of DUI is eligible for hardship license for California DUI 30 days after suspension. The basic conditions of eligibility are full compliance with the sentence and all condition of release. Eligibility in this instance is the legal standing to petition the court.
The Hardship License Process
After 30 days, the defendant can petition the court for a hardship license for California DUI. The court must first decide the basic question, would the grant of a restricted license pose a public risk. The petition must offer facts to support a favorable conclusion, including hardship. The court can deny, and that ends the process unless one makes an appeal. If the court grants the petition, the defendant then is eligible to request a restricted license from the DMV.
What Are The Standards
The DMV will assess the application for hardship license California DUI and evidence of need. The idea of hardship is just as the word suggests, a situation where the applicant has few or no other options than driving, and the driving relates to rehabilitation. Examples of hardship are attendance at work, medical treatment, DUI education for which there is no available alternative transportation, including family and friends. Proof must be on the record such as written statements from and employer or medical services provider.
The assistance of an experienced attorney is necessary to navigate through the many steps and elements of proof. Underneath all of these requirements is a considerable amount of discretion. The Court and the DMV must accept the defendants proof, must favorably assess the adequacy of the hardship claim. If you or someone you know faces the challenge of obtaining a hardship license, it is vital to consult with a legal expert. The complicated nature of the process and the importance of the result require the advice and assistance of an experienced attorney.
