Fullerton Attorney David Gonzalez discusses DUI checkpoints and DUI penalties.

Law enforcement begins to be more aggressive during the holidays when it comes to driving under the influence of alcohol or even driving while being under the influence of drugs.  Police will often set up more checkpoints looking for such drivers.

Before going out of for the evening, and when you know you may be drinking, set up a plan to avoid drinking and driving. It is the best thing to do to avoid harming someone or yourself while driving and after having had a few. It certainly is the wise thing to do to avoid being arrested and suffering the consequences that may arise if you are convicted of drinking and driving. 
But if you cannot avoid drinking and driving and you insist on doing so, here are a few things to consider:

Check on-line for any DUI checkpoints.  There are many real time websites that allow a person to check for DUI checkpoints before driving. These sites allow a person to avoid certain areas where the police is setting up road blocks to catch and arrest drunk drivers. For the Orange County area, a site like www.ocduicheckpoints.com is one example. 

If you get arrested, the California Vehicle Code provides the following as penalties:

1. First Offense: Probation, a six month suspension of your driver license, 48 hours in jail, a fine of $390.00 plus penalties, and attendance and completion of an alcohol or drug program ranging to three, six, nine or even eighteen months;

2. Second Offense within 10 years: Probation, a minimum of ten days of jail, a fine of $390.00 plus penalties, two year suspension of your driver license, and attendance and completion of an eighteen month alcohol program. The maximum jail sentence is one year jail.

3. Third offense within 10 years: a minimum of 120 days of jail, $390.00 fine plus penalties, being labeled as a habitual offender for three years, a revocation of your driver license for 3 years, attendance and completion of an 18 month alcohol or drug program. The maximum penalty is one year in jail.

The above is only a summary of the possible consequences. There can be additional jail time in the event a person is also guilty of violating probation on other DUI cases. Some courts also want a person to complete a Mother’s Against Drunk Driving classes. There are also harsher penalties for a driver who has a commercial driver’s license. 

So whether it is Halloween, Thanksgiving or the Christmas season you are celebrating, be wise. Don’t drink and drive.

If you get caught, call the Gonzalez Law Firm located either in Fullerton or Santa Ana in the Orange County. Attorney David Gonzalez can aggressively fight against a DUI charge. He can consult with you concerning your best defense against a DUI violation. He helps his clients in such cases whether the DUI charge is in the courts of Orange County, Los Angeles, Riverside or San Bernardino Counties.