DUI Defense

• Generally, a drunk driving offense based on BAC—as opposed to the driver’s level of impairment—is known as a “per se” DUI. The amount of alcohol a person must drink to reach the legal limit depends on a number of factors. These include:
• gender
• body size
• number and strength of drinks
• the time period over which the drinks were consumed
• whether the driver has eaten anything, and
• certain medical conditions that can affect how the body metabolizes alcohol.
• But remember, these are just approximations that don’t take into consideration all the factors that can affect BAC. If you plan on drinking, don’t get behind the wheel.

The penalties for a DUI in California vary based on the circumstances of the case. However, the law provides ranges of allowable penalties that are, for the most part, dependent on how many prior convictions the defendant has. In California, a DUI conviction will stay on your record and count as a prior for ten years. Here are what the possible sentences look like for a first, second, and third DUI.

In deciding on an appropriate sentence, a judge or prosecutor (when a sentence is the result of a plea bargain) usually considers various mitigating and aggravating circumstances.

Most standard DUI offenses are misdemeanors. However, a DUI that involves certain aggravating factors can also be a felony. These factors include:

• causing serious injuries to another person while driving under the influence
• causing the death of another person while driving under the influence
• having three or more prior DUI convictions within the past ten years, and
• having a prior felony DUI.

When a DUI is a felony, the possible penalties are much more severe and can include time in prison.

Most standard DUI offenses are misdemeanors. However, a DUI that involves certain aggravating factors can also be a felony. These factors include:

• causing serious injuries to another person while driving under the influence
• causing the death of another person while driving under the influence
• having three or more prior DUI convictions within the past ten years, and
• having a prior felony DUI.

When a DUI is a felony, the possible penalties are much more severe and can include time in prison.

California’s “implied consent” law requires all drivers who are lawfully arrested for driving under the influence to submit to BAC testing. Generally, the driver gets to choose between a blood or breath test.

Drivers who refuse testing must pay a $125 fine and face license suspension. Here are the suspension periods for a first, second, and third refusal.

For determining what is a second or third refusal, prior DUI convictions, reckless driving convictions, and refusal-related suspensions count. For example, a motorist with one prior DUI and one prior reckless driving conviction who refuses testing would face a three-year suspension for the refusal.

If you get charged with a DUI in California, you might be hoping to get the charge dismissed altogether. However, unless the court throws out evidence that’s critical to prove the charge, it’s unlikely a prosecutor will agree to a complete dismissal. But in some cases, a reduction to a “wet reckless” charge is possible. A wet reckless is defined as an alcohol-related reckless driving offense. In terms of severity, the penalties for a wet reckless fall somewhere between those for a DUI and standard reckless driving charge.

If you get charged with a DUI in California, you might be hoping to get the charge dismissed altogether. However, unless the court throws out evidence that’s critical to prove the charge, it’s unlikely a prosecutor will agree to a complete dismissal. But in some cases, a reduction to a “wet reckless” charge is possible. A wet reckless is defined as an alcohol-related reckless driving offense. In terms of severity, the penalties for a wet reckless fall somewhere between those for a DUI and standard reckless driving charge.

To get your license reinstated following a DUI-related suspension, your insurance company will need to file an “SR-22” with the Department of Motor Vehicles (DMV). An SR-22 is a certificate that verifies you have met the minimum insurance requirements.

An SR-22 is also a requirement for obtaining a “hardship license” to drive to and from places like work and school during a DUI suspension.

DUI courts are a type of collaborative court that provide individualized treatment and supervision to defendants with repeat DUI (driving under the influence) or DWI (driving while impaired) charges. Based off the successful drug court model, DUI courts provide an alternative to a traditional method of incarceration through a system of supervision, accountability, and rehabilitative treatment. The goal of a DUI/DWI court is to:
reduce traffic fatalities and limit impaired driving; and,
support defendant’s return to society by addressing underlying substance use disorders and mental health issues.

DUI/DWI Courts target individuals that have a significant history of criminal behavior and/or substance use dependency and who are motivated to change their behavior.
Individuals are identified for involvement in a DUI court through a clinical assessment.All participants voluntarily consent to their involvement.
DUI courts use a structure of case management based in intensive supervision/monitoring and individual accountability.Risk assessment tools are utilized to determine appropriate case management.
Case management is provided by a team of professionals; teams are typically comprised of members of the justice system, mental health providers, and other support systems.
The judge oversees the treatment and supervision process and facilitates collaboration among team members.The judge should be deeply committed to the DUI/DWI Court model and their leadership role in the process.
The National Center for DWI Courts (NCDC), which is a leading organization in the promotion of DUI/DWI courts, published a list of 10 Guiding Principles of DWI Courts. These principles provide a set of criteria and guidelines for new or pre-existing DUI/DWI courts.

Yes, research is promising. While DWI courts are a relatively recent development, research has shown DUI/DWI are mirroring the success of drug courts. Specifically, a 2011 study of Michigan’s DUI courts found that program participants were 18 times less likely to be re-arrested for a DWI offense than non-participants. Another 2011 study from Georgia found that participants in its state DUI courts had recidivism rates of 15% compared to 34% of those who went through the traditional incarceration system. Furthermore, a study analyzing a DUI court program in San Joaquin found that program participants had lower rates of substance-related accidents as well as lower arrest rates, highlighting the positive safety impacts of DUI courts. Research has also suggested that DUI courts may also be more cost effective than its traditional counterpart. Because DUI courts are a recent development, continued research is necessary for greater understanding of their impacts and results.

Per California driving laws, motorists will be subject to harsh penalties if they are found to be operating a motor vehicle while under the influence of alcohol or drugs. The severity of CA DUI consequences that follow drunk driving infractions usually depend on several factors, including the offender’s age and the number of prior offenses on his or her driving record.
Drivers charged with a DUI can hire an experienced lawyer for the purposes of reducing their punishments as much as possible. Learn more about the negative consequences of driving under the influence in California in the following sections.
A California DWI ticket will be issued to drivers who have been pulled over by a law enforcement officer for driving while under the influence. Note that the state Department of Motor Vehicles (DMV) is authorized to suspend or revoke your official California driver’s license for a DUI, in addition to any separate action taken by the presiding court.
Consequences that follow DUI offenses may differ based on several factors, such as a motorists’ age, prior drunk driving infractions, the level of blood alcohol concentration (BAC) determined at the time of testing and more. The seriousness of the DUI penalties in California will also depend on whether they were ordered by the CA DMV or the presiding court.
Motorists who are found guilty in court generally incur more rigorous punishments, including steep fines and jail sentences in addition to license suspensions or revocations.

If you are arrested for a DUI offense in CA for the first time, your license may be taken away by the arresting officer. This same officer will also issue an order of administrative suspension which will include a temporary driving license for 30 days. Motorists convicted of a first DUI due to excessive BAC levels may face separate court-ordered punishments including:
Drunk driving fines between $390 and $1,000.
A jail sentence of up to six months.
Vehicle impoundment.
In addition to this, drivers will have their license suspended for a period of six months, be required to enroll into a DUI program and submit proof of financial responsibility. Note that drivers with a BAC higher than .15, underage motorists and motorists who refuse to submit to a chemical test may face even harsher administrative and court penalties and longer suspension periods.

Getting a DUI in California for the second time generally results in harsher penalties. Drivers with a second DUI conviction or any subsequent infraction on their driving report may incur a license suspension of two years or a revocation of up to four years. Note that you may also be obliged to install an ignition interlock device (IID) on your vehicle in addition to other requirements.
California DUI and DWI offenses are taken very seriously due to the potential damage impaired drivers can cause to other drivers and themselves. Motorists caught driving while intoxicated will be subject to strict drunk driving charges and penalties, as they are more likely to cause an accident resulting in injuries or death.
The process of hiring an experienced drunk driving attorney in California is usually completed by drivers who are at risk of incurring tough sentences if convicted. Obtaining the services of a legal representative who is an expert in DUI cases is highly recommended, especially in the cases where you are facing multiple DUI charges.
Even though your attorney may not be able to help you avoid your charges completely, he or she will still be able to negotiate lesser fines and other penalties on your behalf.
It is a standard procedure for state agencies to suspend the license of motorists in violation of the laws pertaining to drunk driving. Adult drivers may be suspended for a period of four months by the state DMV, or six months if convicted in court for a first DUI due to high BAC.
Motorists younger than 21 years of age may lose their credential for one year if their BAC measures .01 percent or higher on a preliminary alcohol screening (PAS). To reinstate their suspended license issued by the CA DMV, drivers will need to do the following:
Provide proof of financial responsibility.
Maintain proof of financial responsibility for a period of three years.
Provide payment for the applicable reissue fees to the
Motorists with a DWI conviction on their record may be required to complete additional court-imposed criteria, such as enrolling into a DUI program and installing an IID prior to submitting applying for a driver’s license restoration.
Those looking to reinstate their driving privileges often need to participate in an approved DUI program. Motorists attending DUI classes are expected to learn more about the detrimental effects of alcohol and drugs and state driving laws.
To check whether there is an option for completing California DUI classes online, contact a nearby CA DMV or the corresponding court. You may also complete this requirement by enrolling into a traffic school that offers similar insight into state laws and the dangers of drunk driving.
Providing California insurance after DUI offenses is a mandatory step to finalize your reinstatement procedure. DUI insurance may be submitted in the form of a California Insurance Proof Certificate (SR 22/SR 1P) and it must be maintained for a specific period of time. Failure to file proof of the necessary insurance and maintain it as required may lead to further penalties.
Per DUI laws, it is illegal to drive with high BAC levels. Severe DUI charges will be brought against drivers 21 years of age or older whose test show a BAC of .08 percent or more. Commercial driver’s license holders will be subject to harsh penalties for a BAC of .04 or higher.
Those under probation cannot exceed a BAC level of .01 on a breathalyzer test. Finally, drivers younger than 21 years of age will be charged with an underage DUI if they operate a vehicle with a BAC as low as .01 percent. Tough punishments will also apply to drivers who refuse to undergo a mandatory chemical testing for the purposes of determining their BAC level.
Refusal to take a PAS or other chemical test for the first time while on probation, for instance, will result in a two-year driving license revocation.
If your license has been suspended, you may still be able to obtain a hardship, or restricted credential in order to drive to and from work or a DUI program. Prior to applying for a restricted license, however, you must ensure you are eligible for the credential. In general, eligible drivers are:
Motorists 21 years of age or older who have been charged with a DUI for the first time.
Those who have enrolled into a DUI program.
Those who have filed an SR-22 form.
Motorists who have arranged payment for the applicable restriction and reissue fees.
Note that other requirements may apply as well. If you are considered a traffic safety risk due to having multiple DUI offenses, you may not be granted a restricted driver’s license.