Legal Question in DUI Law in California

FIRST OFFENSE within 10 years

Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. May impound vehicle for 6 months.

Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.

See http://www.sandiegodui.com/penalty.html for details.

If you have no priors DUI or otherwise, and no accident or other charges are involved, you can reasonably expect your attorney to be able to get you a plea bargain including substantial fine and court costs, suspended license, alcohol program school, informal probation, but no actual jail time beyond your arrest and booking. With prior DUI or other charges this time, that all changes upward.

Keep in mind a little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

If serious about hiring counsel to help in this, feel free to contact me.

However, you also need to understand that you are obligated under UCMJ to self report the arrest, conviction and license suspension to your commander. Even if you don't they will learn of it. You will likely suffer loss of rank, which may affect your assignment and duty station.