DUI'S - Drunk Driving

DUI Worksheet for clients to complete and bring to appointment

How many criminal charges take your DRIVER'S LICENSE away?

If you or a loved one is accused of Drunk Driving, your life can change for the next ten years - DUI'S are now priorable for 10 years…NOT seven. In most courts there is mandatory jail time and LOSS OF YOUR DRIVER'S LICENSE. For a first offense DUI, your driver's license could be suspended for up to four months…for a second, at least one year! And, it just gets worse and worse.

As a former Deputy District Attorney and Certified Criminal Law Specialist with approximately 25 years experience and with two extremely, highly qualified attorneys with almost 25 years experience, as well as a Paralegal staff with another 35 years experience you have the BEST TEAM possible to get the BEST RESULT possible for your DUI case.

SAVE YOUR DRIVER'S LICENSE

Our attorneys have done 3 to 5 DMV Hearings a week for over 15 years. If any attorney can save your license, WE CAN……….

So, while we hope you never need our help, If you or a loved one DO NEED US, we'll be here for you to get the BEST RESULT POSSIBLE….You only have one chance to get the BEST RESULT.

We are here 24 hours a day, 7 days a week, 365 days a year, FOR YOU.

David Wallin

What crimes will I be charged with for a DUI in California? California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b):

23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.

Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses - but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.

What are the possible penalties for driving under the influence of alcohol? Drunk Driving penalties in California are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with modifications for such things as:

• Having a prior conviction within ten years
• Speeding 20 mph over the limit
• Having a child under 14 in the car
• Having a blood-alcohol reading over .20%
• Refusing to submit to chemical testing

Within the range, the actual sentence in a drinking and driving case will be affected by:

The facts of the case

• Any policies of the local court and prosecutors
• The weaknesses in the case uncovered by the defense attorney
• The reputation of that attorney

All of this is independent of the DMV drivers license suspension, which is determined separately and which can itself be very complicated.

How can I save my driver's license?

When a California driver is arrested for driving under the influence of alcohol, his driver's license is immediately confiscated by the police and he is served with the DMV's "Notice of Suspension". This one-page document (fine print on both sides) serves to (1) formally suspend the license, (2) provide a temporary driving privilege for 30 days, and (3) explain some aspects of the applicable law. Buried in this fine print on the back side is the most important legal provision: there is a right to an administrative hearing to contest the suspension and force the DMV to return the license - but only if the individual or his attorney contacts the DMV's local Drivers Safety Office (DSO) and formally demands a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the call is not made, on the eleventh day the right to contest the suspension is lost and it will begin 30 days from the arrest regardless of any possible defenses.

This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher; or (3) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes "admin per se" or "APS" suspension), and is to be distinguished form a license suspension or restriction which may (and probably will) later occur in the criminal courts - in addition to the administrative suspension. Although this may seem to constitute "double jeopardy" or multiple punishment, the courts in their infinte wisdom have decided that the first suspension is only an "administrative sanction", as opposed to the second suspension in court which is a true "punishment".

If the driver is from another state, the officer has no right to seize the license, as that document is the property of another state. Similarly, California has no jurisdiction to suspend a driver's license issued by another state. The officer can and will, however, issue a "Notice of Suspension" identical to that given California license holders; this acts only as a suspension of the right to drive (after 30 days) within the State of California. If there is a conviction, California (as a member of the Interstate Driver's License Compact) will notify the home state of that fact; that state will then usually suspend the license in the same way as if the person had been convicted in the home state.

Suggested Link: California DMV: Arrest for Driving Under the Influence (DUI): General Information