DUI Attorney

A conviction for a driving under the influence (DUI) offense, even as a first time offense, is a serious matter and can result in significant fines, a driver’s license suspension, jail or prison time, and other types of harsh penalties. Additional, and even more serious charges may also be filed depending on the circumstances.  For example where a person is injured or killed due to drunk driving, the prosecution may charge murder or manslaughter. If you have been charged with a DUI offense, it is essential that you seek immediate legal advice from an experienced DUI attorney.

DUI Charges

DUI criminal cases usually consist of two separate charges:

• Driving under the influence (DUI); and
• Driving with a blood-alcohol concentration of .08% or higher (the “per se” offense)

DUI Penalties

Although a person may be convicted of both offenses, the punishment may only be imposed for violating one of the offenses.

Possible penalties for a DUI offense may include:

First conviction

• 48 hours to 6 months in county jail 
• A fine of $390 to $1,000 plus penalty assessment (penalty assessments are added by the Court and makes the fines over triple the original amount)
• A license suspension of 6 months or longer
• Alcohol and education program (3 month program also known as “AB541”; or 9 month program also known as “ AB1353”)
• Ignition interlock device on your vehicle at your own expense
• (AA) Alcoholic Anonymous Classes
• (VIP) Victim Impact Panel Program
• MADD Program (Mother Against Drunk Driving)
• HAM Program (Hospital and Morgue)
• Restitution
• Probation period

Second conviction

• 96 hours to 1 year in county jail
• A fine of $390 to $1,000 plus penalty assessments
• A license suspension of 2 years
• Alcohol and education program 
  • 3 month program known as "AB541"
  • 9 month prgram known as "AB1353"
  • 18 month program also known as “SB 38”
• Ignition interlock device on your vehicle at your own expense
• Vehicle may be impounded
• Restitution
• Probation period

Third conviction

• 120 days to 1 year in county jail
• A fine of $390 to $1,000 plus penalty assessment
• A license revocation of 3 years
• Alcohol and education program (30 month program also known as “SB1365”)
• Ignition interlock device may be ordered to be installed
• Vehicle may be impounded
• Restitution
• Probation period

Additional DUI Penalty Enhancements

California DUI law provides for additional penalties in certain circumstances such as:

• Refusal to take Chemical Test: a refusal to submit to a breath or blood test may result in mandatory jail time and an automatic suspension of your drivers license
• Speed Enhancement: an allegation that you were driving 20 miles per hour or more above the posted speed limit may result in an additional, and consecutive, 60 days of county jail time
• Accident and/or Accident Causing Property Damage or Personal Injury
• Driving with a child under the age of 14
• Prior DUI convictions within 10 years
• Being a Minor: if you are under 21, and charged with a DUI, California has a  zero tolerance law which means that you are not permitted to drive with even a .01% BAC
• High or Excessive BAC:  if your BAC is over .15% than you may be subject to additional penalties

DMV Hearing (APS Hearing)

When charged with a DUI offense, you also face the possibility of having your license suspended in a separate hearing, called a DMV hearing, or APS (Administrative Per Se) hearing, which is handled by a DMV hearing officer.   This hearing is completely independent of the criminal case but can also have a devastating impact on your future.  You must preserve your right to a DMV hearing within 10 days of your arrest by calling your local Driver’s Safety Office.

Lesser or Reduced Charges in DUI cases

Depending on the facts of your case, a skilled DUI Attorney may be able to negotiate for a reduced, or lesser charge, instead of a DUI conviction such as:

• “wet reckless” charge
• “dry reckless” charge
• exhibition of speed  (also known as “speed ex”)

The benefits to obtaining a reduced, or lesser charge, are significant and vary from paying a smaller fine, and completing a shorter alcohol and education class, to being completely relieved of any future consequences for a future DUI arrest and/or conviction.   If you are interested in a lesser or reduced charge, such as reckless driving, then consult with an experienced DUI attorney today at the Law Offices of Karen L. Goldstein.

California DUI Attorney

The penalties for DUI convictions are severe and the unfortunate consequences may be life-altering. Therefore, it is important to contact an experienced, and reputable, DUI attorney as soon as you have been charged, or arrested, for a DUI offense. There are many factors which must be carefully analyzed in order to present an aggressive DUI defense and therefore it is essential to discuss your DUI case with an attorney at the earliest possible opportunity.   Contact the Law Offices of Karen L. Goldstein at (888) 445-6313, for a free, confidential consultation.