DUI

DUI – Vehicle Code 23152

In California, driving with a blood-alcohol level of over .08% is considered drunk driving unless you’re driving a commercial vehicle or under the age of 21. For those groups, the legal limit is .04% and .01% respectively. Punishments and penalties are dependent upon the number of prior convictions the driver has and the time period between convictions.

What to do after your DUI Arrest?

Being arrested for DUI can be confusing and frightening time. You need to take the right steps immediately to ensure you have the defense you need to protect yourself and your family from DUI charges. These first steps can vital to the final outcome of your trial.

Taking a Chemical Test

A chemical test is required by most states and is punishable under the law if it is refused. The chemical test results in a variety of data, but most importantly it shows the current blood alcohol level of the person being tested. Using this information, the level of alcohol in the blood at the time of the arrest can be extrapolated. In the state of California, a person being tested for alcohol can choose between a blood and a breath test.

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Posting Bail

After being arrested for DUI, it may be necessary to post bail. Although most individuals are released without bail, some cases do require the aid of a bail bondsman. Bail bondman require an upfront fee, and once that fee is paid, they will post bail for you. This can be expensive, but it is less expensive than paying the entire bail amount to the court. Bail bondsmen guarantee that you will be at your hearings. If you do not appear, the bondsman will most likely come looking for you.

Requesting a DMV Hearing

After the time of your arrest, you have a limited number of days (normally ten, including weekends and holidays), to make a formal request for DMV hearing. Your DMV hearing will determine whether or not you can keep your license. If you or your attorney fails to request a DMV hearing, your license WILL be suspended automatically.

Blood Alcohol Concentration

The term “Blood Alcohol Concentration (BAC)” refers to the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are routinely used in court as evidence in DUI cases. A breath test is the most common method of measure, however blood testing is also used. A BAC of .08 or higher may establish a presumption of intoxication.

California has an implied consent law. By the act of driving, it is implied that the driver has consented to alcohol testing. Furthermore, a person who drives a motor vehicle is considered to have given their consent to chemical testing, whether of blood or breath, for the purpose of determining their blood alcoholic level, at the time of the lawful arrest for DUI.

Note: Refusing to take a breath test is a criminal violation subject to stiff penalties. Refusing a breath test may result in automatic drivers license suspension or revocation. If ultimately found guilty of DUI, refusing this test could lead to additional penalties, over and above the DUI charges.

Disclaimer

These articles are for informational purposes only!

DMV Hearings / License Suspension

DMV Attorney

In California, driving a motor vehicle is considered a privilege, not a right. The California Department of Motor Vehicles (DMV) can suspend or revoke your driver’s license if it decides you are not capable or deserving of the privilege to drive. Losing your driver’s license will seriously limit your ability to function in our society. Driving is the primary means of getting to work, social events, shopping and handling family matters. A revoked or suspended driver’s license will significantly impact your ability to make a living and to live an enjoyable life.

The Law Offices of Adam Weiner is now on your side and ready to fight to get your driving privilege reinstated. Whether your license is being challenged because of DUI, failure to pay child support, a medical condition or too many moving violations, Adam Weiner can help protect your driving privilege.

You may lose your California driving privilege and license under certain circumstances:

  • Driving Under the Influence
  • Street Racing
  • Failure to Appear
  • Failure to Maintain Insurance
  • Serious Traffic Violations
  • Numerous Traffic Tickets
  • Reckless Driving
  • Car Accidents
  • Failure to Pay Child Support

Adam Weiner is now on your side and can help you save your driving privilege. The attorneys at The Law Offices of Adam Weiner are well known and respected throughout the legal community and among our clients. We serve clients throughout Northern California, The Central Valley and as far south as San Diego. Our experience and expertise are available to you.

Drunk Driving: Second Offense: Vehicle Code 3152

If not probation is imposed by the court: Vehicle Code 23540

JAIL: Punishment by imprisonment in the county jail for no less than 90 days nor more than a yearFINE: Fine of not less than $390 nor more than one thousand dollars $1,000.

TREATMENT: None required. However the DMV will not reinstate the person’s privilege to operate a motor vehicle until proof of completion of a treatment program. Vehicle Code 13352 (a) (1).

DRIVER’S LICENSE: The person’s privilege to operate a motor vehicle shall be suspended for two years.

RESTRICTED LICENSE: VEHICLE CODE 13352: The department shall advise the person that after completion of 12 months of the suspension period, the person may apply to the department for a restricted driver’s license. However, the court pursuant to 23536(d) may disallow the issuance of a restricted driver’s license.

DUI laws are complex. Take advantage of our Free Consultation and talk to an attorney who knows the laws and has tried hundreds of DUI cases.

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WITH PROBATION (3 – 5 YEARS): VEHICLE CODE 23542.

JAIL: Punishment by imprisonment for at least 10 days, but not more than one year. A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each.

The two 48 hour increments may be served non-consecutively.

FINE: Fine of at least $390, but not more than $1,000.

TREATMENT: Enroll and participate, for at least 18 months to 30 months in a driving-under-the-influence program.

DRIVER’S LICENSE: The person’s privilege to operate a motor vehicle shall be suspended for two years.

RESTRICTED LICENSE: VEHICLE 13352: The department shall advise the person that after completion of 12 months suspension period, the person may apply to the department for a restricted driver’s license. However, the court pursuant to 23536(d) may disallow the issuance of the restricted driver’s license.

ADDITIONAL PENALTIES

VEHICLE CODE 23580: If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560 or 23566, the court shall require that any term of imprisonment that imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service.

RESTITUTION: PENAL CODE 1202.4: The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than one hundred dollars ($100), and not more than one thousand dollars ($1,000), if the person is convicted of misdemeanor.

VEHICLE IMPOUNDMENT: VEHICLE CODE 23594: The court may order the vehicle impounded at the registered owner’s expense for not less than one nor more than 30 days.

IGNITION INTERLOCK DEVICE: VEHICLE CODE 23575: The court may require that a person convicted of a first offense violation of 23152 or 23513 to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device.

 

ENHANCEMENTS

REFUSAL: VEHICLE CODE 23577: If any person willfully refused a peace officer’s request to submit to a chemical test the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail.

COMMERCIAL VEHICLE: VEHICLE CODE 15300(a)(1): A driver of a commercial motor vehicle may not operate a commercial motor vehicle for a period of one year.

DEFENDANT 13 – 18 YEARS OLD: VEHICLE CODE 13202.5: If committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person’s driving privilege for one year.

DEFENDANT UNDER 18 YEARS OLD: VEHICLE CODE 13352.3: The term of the revocation shall be until the person reaches 18 years of age, for one year, of for the period prescribed for restriction, suspension or revocation specified in subdivision (a) of Section 13352, whichever is longer.

MINOR PASSENGER: VEHICLE CODE 23572: If any person is convicted of a violation of Section 23512 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose a continuous 48 hours in the county jail.

EXCESSIVE SPEED: VEHICLE CODE 23582: Any person who drives a vehicle 30 or more miles per hour over the posted speed limit on a freeway, or 20 or more miles per hour over the posted speed limit on a street, and in a manner prohibited by Section 23103 shall be punished by an additional and consecutive term of 60 days in the county jail.

DUI WITH INJURY: Vehicle Code 23153: Punishment from up to 1 year in county jail if charged with a misdemeanor and to 3 years in state prison if charged with a felony.