Charged With a DUI in California? What You Need to Know
Tim Mock
Getting charged with driving under the influence in California can have a serious impact on your future and your rights. The state has some of the strictest DUI laws in the nation, and penalties for a conviction can be severe, even for first-time offenders.
If you've been charged with a DUI in California, you will face a wide range of challenges to your personal relationships, employment opportunities, and financial situation. Our DUI attorneys can help you overcome these challenges and make the right moves from the beginning to clear your name in court.
Consequences of a DUI in California
California law defines a DUI as blowing a blood alcohol content of at least .08 percent while driving a personal vehicle or .04 percent behind the wheel of a commercial vehicle. Driving under the influence of drugs can also trigger DUI charges.
Upon arrest for a DUI in California, you'll face two separate legal processes:
Criminal Proceedings: State courts will handle the criminal aspects of your case, such as fines and jail time, while determining your guilt or innocence.
Administrative Action: The Department of Motor Vehicles will automatically initiate administrative proceedings against your driving privileges before guilt has been determined in court.
License Suspension
After your arrest, police will confiscate your driver's license immediately, even if you are a first-time offender. Your license can also be suspended if you refuse to take a chemical test to determine your BAC.
However, you'll still be able to drive after you've been booked and leave the police station. California law affords you a temporary driving permit valid for 30 days whenever an administrative Order of Suspension has been issued.
Automatic suspensions last four months after your temporary permit expires. Nevertheless, your attorney will be able to make filings on your behalf to ensure you maintain driving privileges as your case moves forward.
Criminal Penalties for a DUI in California
The severity of criminal penalties depends primarily on prior offenses:
First Offense (Misdemeanor):
Up to 6 months in jail
Fines ranging from $390 to $1,000
Mandatory completion of a DUI program
Probation for 3 to 5 years
Subsequent Offenses:
Penalties are increased significantly for repeat offenders. Consequences of repeat offenses include:
longer jail sentences
higher fines, and
extended license suspensions.
Penalties also increase significantly when someone is injured as a result of intoxicated driving. For instance, if the DUI resulted in injury or death, or if the DUI is your fourth offense within 10 years, you may face felony charges. These more severe charges can lead to a state prison sentence of up to 16 years and fines of up to $5,000.
Additional Consequences
Ignition Interlock Device: You may be required to install a device in your vehicle that prevents it from starting unless no alcohol is detected in your breath.
Insurance Rates: Your auto insurance premiums will increase significantly unless you're found innocent.
Professional Consequences: A DUI can affect professional licenses, certifications, and job prospects.
Immigration Issues: For non-U.S. citizens, a DUI can complicate visa applications, green card processes, and entry into the country.
What to Do If You Face DUI Charges in California
When charged with a DUI, it's normal to feel afraid and uncertain about what to do. Thankfully, most DUI charges can be overcome as long as you take the right steps.
Do Not Talk to the Police Without a Lawyer
When facing a DUI arrest in California, it's crucial to exercise your right to remain silent. The moment you're taken into custody, you should politely but firmly insist to arresting officers that you wish to speak with an attorney before answering any questions.
Remember, law enforcement officers are trained to gather evidence, and even seemingly innocent statements can be misconstrued or used against you in court. Anything you say—no matter how harmless it may seem—can potentially incriminate you or weaken your defense. Even if you believe you're innocent or that explaining your side of the story will help, it's best to wait until you have legal counsel present.
Your attorney can guide you on what to say and, more importantly, what not to say. Attorneys can also ensure that your rights are protected throughout the legal process.
Have Your Lawyer Contact the California DMV
Your DUI lawyer needs to get in touch with the DMV as soon as possible after your arrest because you only have 10 days to request a DMV hearing. If you fail to request a hearing, your 30-day temporary driving permit will be revoked.
Once your lawyer has contacted the DMV, actions can be initiated to start contesting the suspension of your driver's license. Your temporary license will then remain valid until a determination is made in the administrative process as long as your attorney makes the proper filings by the deadline.
Building a Strong Defense
Strengthening your case is crucial when facing a DUI charge in California. Your attorney should meticulously review the details of your arrest, focusing on several key areas:
Legality of the Traffic Stop:
The police must have probable cause to pull you over. If the stop was unlawful, any evidence obtained may be inadmissible. Your case may then be dismissed. The best-possible outcome in most cases is a dismissal, and getting a case dropped is a common outcome when people work with a competent attorney.
Field Sobriety Tests
Sobriety tests must be administered in accordance with proper procedure. Your lawyer will check for any deviations from standardized procedures or external factors that could have interfered with the validity of results.
When field sobriety tests are done improperly, charges can usually be dropped.
Breathalyzer and Blood Tests
The accuracy of administered tests is crucial because these tests are often relied upon to determine guilt. However, these tests also have the potential to be misused, so California courts have established processes that attempt to protect drivers.
A skilled attorney will take the time to confirm whether a breathalyzer was properly calibrated and whether your blood sample was correctly handled. Any procedural errors or violations of your rights can be grounds for dismissing the charges.
Even if irregularities can't get your charges dropped, they can still make it tough for courts to find you guilty beyond a reasonable doubt. Your attorney can then, in many cases, settle your charges outside of court.
How a California Attorney Can Help
Dealing with a DUI in California is challenging, but taking the right steps will minimize the harm caused by your charge. Additionally, it's important to remember that getting charged with a DUI is not the end of the road. Nearly everyone who experiences a DUI charge goes on to lead a fulfilling life regardless of their case's outcome.
The consequences of a conviction can result in harsh penalties, so it's crucial to approach your case with an effective legal strategy. Having an experienced DUI attorney at your side can provide invaluable assistance and insights as your case moves forward, including by:
Scrutinizing the details of your arrest for any procedural errors
Challenging the validity of the evidence against you
Navigating the complex legal system on your behalf
Negotiating with prosecutors to reduce charges or get alternative sentencing
Represent you in both criminal court and DMV hearings
Overcoming DUI Charges in California
If you've been charged with a DUI in California, it's important to act quickly to get the defense you need. At ABC Legal, our California law partners have over 130 years of combined experience helping clients overcome the challenges associated with DUI convictions and other criminal charges.
We will work directly with you to minimize and potentially eliminate the charges against you. Our team is eager to vigorously defend our clients in the courtroom.
We'll work hard to keep your driving privileges, clear your name, and minimize disruptions to your future life. Get in touch with our legal professionals today to learn more!
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Posted Jun 27, 2024
California's DUI laws are among the strictest in the nation. Learn how to defend your rights, finances, and driving privileges in the aftermath of a DUI charge.
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