DUI

In California, being charged with a DUI (driving under the influence) or DWI (driving while intoxicated) is a criminal offense. Many motorists have difficulty accepting the reality that a conviction for drunk driving comes with harsh penalties, including a California criminal record, stiff fines, loss of driving privileges, increased insurance rates, possible jail time and possible loss of your professional license.

Dui Laws

DUI charges are made against over 1.4 million drivers annually. Last year 35% of all California defendants who were arrested for DUI kept their driver's license simply by requesting a DMV hearing within the allotted time period. If you have been arrested for driving under the influence of alcohol or drugs, you owe it to yourself to have a clear understanding of the California DUI process, be fully prepared, and secure the best possible outcome for your case. This is most successfully accomplished by retaining experienced California DUI attorneys, such as Stephen G. Rodriguez & Partners to be on your side.

California DUI Arrest – Two Distinct Cases

When you are arrested for California DUI there are two distinct cases that are brought against you - the DMV case and the criminal case:

DMV Case – There is an administrative hearing controlled by the California Department of Motor Vehicles (DMV), where the fate of your driving privileges will be determined. Many motorists charged with DUI don't realize that this DMV hearing must be scheduled within 10 days after arrest; otherwise, the defendant's California driver's license will be automatically suspended 30 days following the arrest date. Trying to represent yourself is not recommended as most defendants will not understand the technical issues raised at the hearing, and will lose due to their inability to understand the legal requirements at the hearing.

Unlike California criminal court, the DMV hearing is very informal and run by a Driver Safety Office (DSO) Hearing Officer, instead of a lawyer or a judge. Although the standard of proof is much lower than in criminal court, the chances of a person winning without an experienced California criminal defense attorney are not very good.

The criminal defense attorneys at Stephen G. Rodriguez & Partners will clarify the proceedings involved in your California DMV hearing, including the confusing documentation and misleading statements which may lead the defendant to believe that it is his or her responsibility to prove that the suspension is not justified. When Stephen G. Rodriguez & Partners handle your case, you will see that the responsibility rests with the DMV to prove that the suspension is justified! Additionally, they will fully prepare you to testify (if necessary) in front of the hearing officer as part of your DUI defense. After the hearing is concluded, the hearing officer will take the matter under consideration and will subsequently issue his or her written findings. These findings will usually be sent out to the defendant within a few days of the hearing. If you lose the hearing a license suspension is imposed. However, if you win the hearing and the hearing officer rules in your favor, then no license suspension is issued.

Criminal Case – Usually the criminal case follows the DMV hearing. Depending on the facts surrounding you California DUI arrest, you risk facing jail time, fines, rehabilitation, driver education school, community service (live-in or out-patient), CALTRANS (physical labor), having your vehicle impounded, law enforcement's installation of an ignition interlock device on your vehicle, attendance at the Hospital and Morgue program (HAM), or any combination of the above. Penalties for California drunk driving or DUI charges can increase if one or more of these circumstances applies to you:

Having a prior DUI conviction within the last ten (10) years
At the time of the arrest:
- Speeding or driving recklessly
- Driving with a child under the age of 14
- Having an excessive (over .20%) blood alcohol content (BAC)
- Refusing any chemical test, such as breath, blood, or urine.

The best possible outcome you can expect from a California DUI charge will result from having a qualified DUI attorney. From alternative sentences to sentence reductions, the uncovering of the weaknesses in your case, and various strategies geared toward challenging the prosecution, the odds of a favorable outcome are vastly increased when experienced and aggressive California criminal defense lawyers are fighting your battles.

DUI Penalties – You Need A Good Lawyer

The specific circumstances surrounding your DUI arrest and number of times you have been charged or arrested for DUI (driving under the influence) will determine your final sentence. California DUI convictions are also "priorable" offenses meaning that with each subsequent DUI conviction, the punishment increases. The outcome of your case depends in great part to the experience, skill, and effectiveness of your lawyer.

First DUI Offense – Misdemeanor

Summary (Informal) Probation for three years
48 hours minimum to 6 months in county jail; the 48 hours minimum in jail must be served continuously
Fines from $390 to $1000 plus mandatory penalty assessments or approximately thirteen days of community service; Total costs including fines, penalty assessments, and court costs range from $1500 to $2400
License Suspension for six to ten months
A three month court approved alcohol and drug education program (AB 541 class)
11D – Ignition Interlocking Device required in Los Angeles, Alameda, Tulare and Sacramento counties in a pilot program (see below for a definition of 11D).

Second DUI Offense- Misdemeanor

Summary Probation for three to five years
96 hours minimum to a maximum of one year in county jail
Fines stay in the same general range as in a First DUI (see above)
License Suspension for two years that may be converted to a restricted license after 12 months
An 18 to 30 month court-approved alcohol program
IID-Ignition Interlocking Device may likely be required on a second DUI conviction. See below for a definition of IID.

Third DUI Offense- Misdemeanor

Summary Probation for three to five years
120 days (minimum) to a maximum of one year in county jail
Fines stay in the same general range as stated above
License Suspension for three years which may be converted to a restriced license after 18 months
A 30 month court-approved drug/alcohol program
Installation of an IID (Ignition Interlocking Device). An IID is an instrument that is attached to your car that does not allow the car to start until you provide an alcohol-free breath sample.

Fourth DUI Offense –Felony

Parole for three years
Sixteen months to three years in state prison
Fines stay in the same general range as stated above
License revocation for four years
Automobile Forfeiture (possible).
A 30-month alcohol treatment program
Designation as a "Habitual Traffic Offender."

The above penalties are typical for standard DUI offenses. The penalties for your DUI conviction can be increased if there are additional facts and circumstances in your DUI arrest such as:

Refusing to take a chemical test
Driving with a blood-alcohol level of .20% or more
Causing an automobile accident
Driving recklessly or at excessive speeds
Having a child 14 years or younger in the car
DUI with injury which can be charged as a misdemeanor or felony.

Los Angeles Dui Attorneys

The variations in the DUI penalties depend on the many factors surrounding your DUI charge. The importance of securing aggressive, skilled and effective attorneys such as Rodriguez, Lewis & Kahn, cannot be underestimated. As criminal defense attorneys, we strive to achieve favorable outcomes for all of our clients by working hard and giving our clients the personal attention they deserve. Stephen G. Rodriguez & Partners know California DUI law and know how to defend against these charges by effectively challenging DUI charges on the basis of a lack of probable cause for the traffic stop, lack of Miranda advisement, illegal arrest, improper testing procedures, faulty testing equipment, and other issues including improper police conduct.

Additionally, Stephen G. Rodriguez & Partners are very familiar with the alternative sentencing options in a DUI case. These alternative sentencing options include alternatives to county jail or prison that include electronic monitoring or house arrest and live-in alcohol treatment programs. Contact our office for a no-charge confidential consultation to discuss your potential defenses, strategy, and legal options.

View the firm's profile at FindaDUIAttorney.com.

Contact a Los Angeles DUI lawyer now if you were charged with a DUI or any other type of criminal offense.