|
DUI
charges are the most common criminal charges filed against individuals
in the State of California (not including simple traffic tickets,
which are technically "criminal" violations). California
has some of the nation's toughest laws for driving under the influence
(DUI). DUI law punishes offenders for operating
a motor vehicle while under the influence of alcohol, drugs or a
combination of drugs and alcohol. Even for a first offense, the
penalties can be serious-including license suspension, fines of
almost
$2,000, mandatory attendance at State or DMV Approved alcohol programs,
and potential jail time. In addition, a DUI conviction stays on
your DMV record for at least 10 years, and may result in higher
insurance premiums. Furthermore, you may become ineligible for credit,
and even lose your employment. If you have prior convictions, stopped
for speeding, or had an accident while driving under the influence,
the penalties may be far worse.
DUI
Law
The
California Vehicle Code, specifically, VC section 23152(a) and 23152(b),
sets the law on DUI cases, and states as follows:
VC
23152. "(a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more,
by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person's blood is based upon grams of
alcohol per 100 milliliters of blood or grams of alcohol per 210
liters of breath.
The
two sections above are typically charged together. The first has
to do with your ability to safely operate a motor vehicle, irregardless
of your blood alcohol level. The second, or (b) count, requires
that you have a .08% blood alcohol content, or BAC, by weight, California's
"legal limit". The term "alcoholic beverage and drug"
or "alcoholic beverage or drug" in the (a), or first count,
does not mean that you were driving with drugs in your system, but
that either alcohol or drugs, or both, were found at the time of
driving, not that you in fact did have both in your system.
Penalties
Typically, each court has a different policy
and procedure for DUI cases. You truly should talk to someone that
knows the court rules. In general, the maximum penalties for a First
Time DUI, below .20% blood alcohol level, no accident, misdemeanor,
drunk driving case includes all of the following:
- Informal,
or summary, probation for three to five years
- Six
months in the county jail (Or no jail at all!)
- Six
months license suspension (Optional?)
- A
fine of $1,000 plus penalty assessment, or a total of $2,710,
(the minimum is $390 plus penalty assessment.The "penalty
assessment" is a state tax created by statute in the late
1960s, and is 200% of the base fine amount).
- Contribution
of $100 to the California State Restitution Fund
- Proof
of enrollment in, and proof of completion at, a Level 1, or AB-541
Alcohol Education Program
- An
"Alcohol Abuse Prevention" fee of $50.00
- A
"Blood Alcohol Content" testing fee of $37.00
- A
$20.00 Court Security Fee
In
addition, there are additional penalties for being above a .20,
being involved in an accident, or having a child in the vehicle.
Second
time DUI:
The potential maximum, and all other penalties
increase, in addition to all of the above, to up to one year in
the county jail, having your car impounded for 30 days and an 18
months license restriction. The minimum includes 4 days minimum
to 1 year maximum in jail or another option such as community service
or house arrest.
Third or Fourth time DUI:
The potential maximum and all other penalties
increase, in addition to all of the above, to a mandatory license
revocation for up to 3 years by the DMV. Even after the revocation,
you still cannot get a license until you've completed a 30 month
long alcohol treatment program. As mentioned above, a fourth or
higher DUI can be prosecuted as a felony, and the minimum of 120
days for third offenses, or more than one year for a fourth offenses
since the laws governing felonies would then apply.
Failure
to do ANY of the above terms of your sentence is a probation violation.
Call
Hoffman and Associates for
a free case evaluation today!
(562)
628-5541
|