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California DUI Help | California DUI Lawyers | California DUI | California DUI Laws | DUI Attorney California

California is the golden state, where the groundswell of waves of culture, art, fads and fancy breaks and cascades over the rest of the country. And although California supposedly reflects the lifestyle of sun, fun, experimentation and celebrity; it also has enacted legislation as one of the most unforgiving states as far as penalties for driving under the influence of a cocktail of intoxicants.

The term DUI means operating any kind of vehicle under the influence of alcohol or drugs which impairs the normal use of your mental and physical driving faculties.

Every driver in California has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when lawfully requested. You should note that you have the right to a second test at your own expense at a place of your choice. It is extremely important to have your California DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.

The California DUI ‘per se’ law states that a blood alcohol content of .08% ‘by itself’ constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving under the influence if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was under the influence.

If you haven’t been drinking or you believe that you might have been impaired from a benign source such as alcohol based paint or solvents, mouthwash, prescription, or over-the-counter drugs be aware that you can still be arrested for a California DUI, even though you are not “legally drunk”, and are still subject to an ALR (automatic license revocation).

After being charged with a California DUI you’re going to face two adversaries: the criminal courts, and the California Department of Motor Vehicles Division (DMV). After your license is confiscated you will be given a temporary license good for 30 days. If your license was suspended or revoked because of a DUI, you will be offered a formal hearing.

You have the right to make a request within 10 days (after receiving notification of driver’s license suspension from the DMV) for an administrative hearing to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. And DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.

The state legislature has removed the power of criminal courts to suspend or revoke licenses in drunk driving cases – that power now rests solely with the DMV. Consequently, more than ever, DMV hearings may be a crucial opportunity to let your California DUI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation. DMV penalties and criminal charges, may seem similar, but they are separate and usually run concurrently (at the same time) with court sanctions.

Be advised that California has an out-of-state Driver’s License Compact Agreement. This means that California DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local California DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a California DUI specialist. In any case, when you are stopped and arrested for suspicion of a California DUI, request to see a DUI attorney, the sooner the better.

– Info You Should Know –

Was I Stopped Legally?

Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.

Not all reasons offered by officers are legal. Check with a California DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.


Should I Have Talked To the Cop?

Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.

And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until you can consult with a California DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.


Did I Have A Right To Make A Call?

The police are not required to advise you of this right. But once a request is made in California, they are obligated to provide an opportunity to make a call, hopefully to a California DUI specialist, after your test has been administered or refused.


I’m Simply Going To Plead Guilty, Why Do I Need A California DUI Lawyer?

The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and California drunk driving laws should be taken very seriously. California DUI convictions and penalties can be long lasting and severe, both in court and with the California Department of Motor Vehicles, which regulates your driving privileges.

Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A California DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.

When considering consulting a California DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?


What’s A California DUI Defense Attorney Going To Cost?

One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a California DUI attorney might save them thousands of dollars in the years to come.


What Are Court Costs?

Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.

According to the California Highway Patrol the total cost of a first time DUI is approximately $5,300.


Did I Have To Take a Field Sobriety Test (FST)?

Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.


What if I Refused To Take a BAC (blood alcohol content) Test?

Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.

This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused. If you snooze, you’ll lose your driver’s license.


Can I Plea Bargain?

A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.

Practiced California DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a California DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.

It is next to impossible to plea bargain a California drunk driving charge without an experienced California DUI lawyer.


I’ve Heard of A Nolo Contendere Plea, What Is It?

In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, as it is not always available.

In any case, without services of a veteran California DUI specialist, specialized pleas or plea bargaining are very problematic.


Is Being Punished by the California DMV and the Criminal Courts Double Jeopardy?

Like most states, California law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. California DMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.


What if I Am An Out-Of-State Driver?

California DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local California DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.


What Happens In Court?

You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on many of things including the number of prior convictions including any previous California administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any DUI related convictions in other states. There are also penalty enhancements due to aggravated circumstances.

In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole or probation program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.


Can My Record Be Expunged?

Your California DUI attorney may apply for an Expungement if all the conditions of probation have been fulfilled or discharged. When eligible the court may dismiss the formal accusation and, with certain exceptions, the defendant will be released from many of the legal penalties and the record of the criminal conviction.


Is There a “Washout Period” in California?

A washout period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In California the washout period is 10 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 10 years of the present offense will be charged with a ‘prior’, with increased penalties and punishment.


What About Enhanced Punishments For California DUI Convictions?

Many circumstances may lead to sentence enhancements: prior DUI convictions, the presence of a child in the car (under the age of 14), speeding (20 miles over the limit also carries a 60 day jail sentence), reckless driving, an elevated BAC level (over .15%), and causing an accident with any injuries (which is classified as a felony).

Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for California multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently.

Consequently, we strongly recommend retaining an experienced California DUI attorney in order to secure the best possible outcome of a potentially severe situation.


Are There Alternatives to Jail?

Your California DUI specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service options.


Can I Get a Restricted Driver's License?

It is up the California DMV. It also may depend on your California DUI attorney. Generally, if you complete a DUI program and any license suspensions, file a SR 22 insurance policy or financial responsibility form, pay the restriction and reissue fees, and not drive any vehicle without an ignition interlock device installed, the DMV will issue you a restricted driver's license which allows you to commute to work (exception is a commercial driver's license), to court ordered programs, and medical treatment.,. Refusal of a BAC test renders you ineligible for a restricted license.


What About My Insurance?

Your insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.

– California Criminal DUI Penalties –
1st Offense
2 days to 6 months in jail.
$1,400 to $1,800 fine.
Up to 6 months loss of license.
3 to 6 months DUI School with substance abuse assessment.
Possible community service (which may lessen jail time)
Possible ignition interlock device.
Possible attendance at a Victim’s Panel or AA meetings.
3 to 5 years informal probation.

Enhanced BAC
BAC of .15% or higher with prior or refusal of BAC test requires 9 months in a DUI program.
BAC of .20% or higher requires an enhanced DUI treatment program and loss of license for 10 months.

2nd Offense (With No Priors)
10 days to 1 year in jail.
Or 4 days to 1 year in jail and 18 to 30 month substance abuse program.
$1,800 to $2800 fine. (community service may lessen fine).
2 years loss of license.
Community service to be ordered by the court.
Ignition interlock device for all vehicles you drive.
Mandatory attendance at a Victim’s Panel or AA meetings.
3 to 5 years informal probation.
Restricted license after 1 year suspension (waiting period).

3rd Offense
120 days to 1 year in jail.
$1,800 to $2800 fine.
3 years “Habitual Offender” designation.
3 years loss of license.
18 to 30 months DUI School and substance assessment and programs.
Community service to be ordered by the court.
Ignition interlock device for any vehicles driven
Mandatory attendance at a Victim’s Panel or AA meetings.

4th Offense
Felony.
180 days to 3 years in a state prison.
Up to $5000 fine.
3 years “Habitual Offender” designation.
3 to 5 years formal probation
4 years loss of license
18 to 30 months DUI school, substance assessment and programs.
Community service to be ordered by the court.
Ignition interlock device for any vehicles driven
Mandatory attendance at a Victim’s Panel or AA meetings.

Underage DUI/Refusal of BAC
BAC of .01% or higher (zero tolerance law).
1st offense:
1 year loss of license.
You may be jailed, confined at juvenile hall or released to your parents or guardian.
2nd Offense:
90 days to 1 year in jail.
$390 to $1,000 fine.
2 years loss of license.
3rd offense:
120 days to 1 year in jail.
Up to $1000 fine.
3 year loss of license.
1st refusal of BAC test results in 6 months to 1 year loss of license.
2nd refusal, 2 years loss of license.

– DMV Administrative Penalties –

It is unlawful for any person who is addicted to the use of any drug to drive a vehicle.

1st DUI Offense
4 months loss of license.
Or 30 days loss of license, 5 months of restricted license with DUI school.
SR-22 (insurance) filing.
Ignition interlock installation in vehicle. May not drive any vehicle without an Ignition Interlock Device.

2nd Offense
1 year loss of license
Ignition interlock installation in vehicle. May not drive any vehicle without an Ignition Interlock Device.

3rd Offense
3 years loss of license.
Ignition interlock installation in vehicle. May not drive any vehicle without an Ignition Interlock Device.

4th offense
4 years loss of license.
Ignition interlock installation in vehicle. May not drive any vehicle without an Ignition Interlock Device.

Underage DUI
.01% BAC (zero tolerance):
1st to 3rd offense from 1 to 3 years loss of license.
Ignition interlock installation in vehicle. May not drive any vehicle without an Ignition Interlock Device.

Adult and Underage BAC Refusal
1st offense: 1 year loss of license.
2nd offense: 2 years loss of license
“Habitual Offender” designation for 3 years.
3rd offense: 3 years loss of license.
4th offense: 4 years loss of license.

Commercial Driver’s License
BAC of .04% or refusal of BAC test in any vehicle.
Any amount of alcohol in system, 24 hour no drive rule.
1st offense: 1 year disqualification of license.
3 years loss of license for hauling hazardous material with DUI.
Lifetime disqualification for subsequent violations.

Points On Your Driver’s Record
Each traffic violation stays on your record for 36 months or longer, depending on the type of violation.
2 point violations:
Driving under the influence of alcohol/drugs.
Driving while license is suspended or revoked.
A violation received in a commercial vehicle carries 1 1/2 times the points normally calculated.

– Disclaimer –
Only educated and licensed California DUI specialists should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited California DUI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned California DUI professional.