A DUI arrest in California can ruin your life. It can result in the immediate suspension of your license, hefty fines, a requirement to attend DUI classes, and even a jail sentence. The legal system is complicated, and DMV administrative proceedings and criminal court cases go on simultaneously. Do not allow one bad decision to determine the rest of your life. The effects of a DUI conviction are devastating and lasting and will affect your liberty, finances, and reputation.
Are you or someone you know charged or arrested with DUI in Banner? Now is the time to act. Do not take any chances with your rights and future. Get a good attorney. Contact the San Diego DUI Attorney today and talk to a local Banner DUI attorney.
Your Most Crucial Deadline: The First 10 Days
When you are arrested in California for driving under the influence (DUI), you are suddenly in a time-sensitive administrative process with the Department of Motor Vehicles (DMV). It is separate and distinct from your criminal court matter. The arresting officer will typically take your physical driver’s license and give you a pink temporary license, an official document called an Order of Suspension/Revocation. This is an important document that gives you a 30-day driving privilege. More importantly, it is your official notice that DMV will suspend your license. This Order of Suspension/Revocation specifies the effective date of your suspension, which will be 30 days from your arrest unless you act quickly.
Your most important deadline is the 10-day rule in the California DMV. You are given only ten calendar days, starting from when you were arrested, to call the DMV Driver Safety Office and request an Administrative Per Se (APS) hearing. It is your chance to appeal against the automatic suspension of your driving privilege in this hearing. The automatic license suspension will occur on the 31st day after your arrest in case you fail to request this hearing within the strict 10-day period.
To request an APS hearing, contact the nearest DMV Driver Safety Office (the contact details are usually listed on the pink temporary license or can be found online on the DMV website) and make sure that you indicate your desire to request an Administrative Per Se hearing concerning your DUI arrest. You may be asked to give your full name, driver’s license number, and date of birth. By requesting this hearing, you will successfully place a temporary stay on the license suspension, enabling you to keep driving past the initial 30 days until the hearing is held.
Understanding California DUI Charges
The laws in California on DUI are detailed, primarily contained in the Vehicle Code, and cover a wide range of situations of impaired driving. The two most common charges presented to most people arrested on DUI in California are:
- Vehicle Code (VC) 23152(a)
- Vehicle Code (VC) 23152(b)
VC 23152(a) makes it illegal to drive under the influence of:
- An alcoholic beverage
- A drug
- Both alcohol and drugs
This offense is concerned with real impairment, that is, your mental or physical faculties are so impaired by alcohol or drugs that you are not capable of driving as a sober person would. You may also be found guilty under this section, even when the blood alcohol content (BAC) is less than the legal limit when the facts show impairment. On the contrary, VC 23152(b) renders it illegal to drive a car with 0.08 percent or more, by weight, of alcohol in his/her blood. This is referred to as a per se DUI charge. The prosecution does not have to establish that you were impaired behind the wheel, only that your BAC was 0.08% or above at the time of driving. In many cases, prosecutors will charge both sections since a chemical test result of over 0.08% is good evidence of both.
The Implied Consent Law of California
The implied consent law is another key California DUI legal system issue. By possessing a California driver’s license, you are held to have signed your “implied consent” to a breath or blood chemical test should you be lawfully arrested on suspicion of DUI. This means that once you have been lawfully arrested on suspicion of DUI, you must legally take a test of an evidentiary nature. Although you may be asked to take a preliminary alcohol screening (PAS) test on the road before being arrested, this is not always required of drivers aged 21 and over. However, refusing to undergo a mandatory breath or blood test is punishable after an arrest. Rejecting the request will result in a longer administrative license suspension by the DMV (one year minimum with no restricted license on the first offense). Moreover, your refusal can be used against you in criminal court, indicating an awareness of guilt.
Special DUI Laws
California also enacts specific DUI laws within certain categories of drivers. Vehicle Code 23136 is the Zero Tolerance law covering drivers under 21. This law makes it illegal to drive with a blood alcohol concentration of 0.01% or above, as determined by a preliminary alcohol screening test or other chemical test, by any person under 21. The DMV will automatically suspend an underage driver’s license for one year, even with a small amount of alcohol in their system, whether or not they are impaired.
California has a significantly lower blood alcohol limit for commercial drivers. The Vehicle Code 23152(d) makes it illegal to be in control of a commercial motor vehicle when the person has a BAC of 0.04% or above and has a commercial driver’s license. This minimum limit indicates a higher duty of care and possible damage when driving large commercial vehicles. The loss of commercial driving privileges that accompany a DUI conviction of a commercial driver in a non-commercial vehicle can affect a person professionally as well.
The Court Proceedings and DMV Hearing
Upon a DUI arrest in California, a dual-front legal war is automatically waged:
- The administrative per se (APS) hearing, held by the Department of Motor Vehicles (DMV)
- The criminal court case
These two are completely different proceedings with different purposes, stakes, and burden of proof. A positive outcome in one proceeding does not guarantee a positive result in another. However, a positive outcome in one could affect another.
The only thing the DMV hearing is supposed to do is ascertain whether you should be suspended from driving. What is basically at stake here is your driving privilege. The DMV hearing’s burden of proof is a lesser standard, referred to as preponderance of the evidence. This burden requires proving that something is more likely than not to be true. On the other hand, the criminal court case concerns whether you are guilty or not of a criminal offense. In this case, your liberty, possible imprisonment, fines, and the development of a criminal record are at stake. In criminal court, the prosecution’s burden of proof is much higher. They must establish your guilt beyond a reasonable doubt. The DMV hearing is mainly based on whether the officer had a reasonable ground to stop you on suspicion of DUI, whether you were lawfully arrested or not, and whether you were driving with a BAC of 0.08% or more (or 0.01% in case you are under 21 years old, or you refused chemical testing).
The criminal court, by contrast, addresses the broader criminal charges, and a conviction in the criminal court can result in a criminal record and significant statutory penalties.
Timeline of the Criminal DUI Case
The DUI criminal proceedings typically follow several steps, starting with the Arraignment. During this first court appearance, you will be:
- Formally charged
- Informed of your constitutional rights
- Asked to enter a plea: guilty, not guilty, or no contest
It is highly recommended that you plead not guilty at this point so that you do not forfeit any of your rights and your attorney has time to review the evidence and build a defense.
After the arraignment, your case will generally go through one or more pre-trial conferences, also known as “readiness conferences.” During these conferences, your attorney will discuss the case with the prosecutor, review discovery (the evidence that the prosecution has obtained), investigate on his/her own, and look at every possible way to resolve your case. Moreover, defense motions, like motions to suppress evidence, may be filed and argued at this stage.
The case will proceed to trial if no plea agreement is reached and no successful motions to dismiss are granted. Both sides will present evidence, question witnesses, and argue their case before a judge or jury, who will issue a verdict of guilty or not guilty. If convicted, the case proceeds to sentencing, where the judge will impose penalties according to statute.
Plea Bargains and Charge Reductions
Plea bargains in the context of DUI cases are common and a critical strategic instrument of the defense counsel. A plea bargain is an agreement between the prosecuting attorney and your defense attorney. In this type of agreement, you agree to plead guilty to a lesser offense, or the original offense with certain compromises on punishment, to avoid the uncertainties and possible more severe consequences of a trial. A good Banner DUI attorney could focus primarily on negotiating a reduction of the charge because this can have a significant impact on the long-term consequences of your DUI arrest.
A wet reckless charge is a reduction to a Vehicle Code 23103.5 violation. It is the most commonly requested reduction in a DUI case. This means that you will be convicted of reckless driving with the realization that you were drinking. Although a “wet reckless” is still priorable, it will be considered a prior offense if you receive another DUI within ten years.
The benefits of a wet reckless conviction are significant compared to a standard DUI conviction. For example, a “wet reckless” typically comes with:
- Less fines than a regular DUI
- The court-ordered DUI program is usually shorter, for example, a 6-week AB541 program as opposed to 3 months or 9 months of a DUI
- A “wet reckless” conviction does not have a court-ordered license suspension, although the DMV may still impose an administrative suspension, which may be shorter in your case
- An Ignition Interlock Device (IID)is usually not required
Although it is still a criminal offense, a wet reckless has less social stigma than a full DUI conviction, and its effect on your automobile insurance premiums, though probably an increase, may be less drastic.
In addition to the wet reckless, the best thing to happen is a dry reckless under Vehicle Code 23103, which is reckless driving with no alcohol connection. This offense is not usually priorable for future DUIs and has even fewer penalties. Other, even more minor crimes may be undertaken based on the particular facts of your case. Producing these kinds of charge reductions is a primary objective of any effective Banner DUI lawyer. These reductions can drastically reduce the short- and long-term consequences of your life, your economic stability, and your license.
A Close Look at California DUI Penalties
California DUI offenses carry escalating penalties for each subsequent violation within ten years. These penalties significantly affect your driving privileges, finances, freedom, and criminal record. Understanding these complex penalties with statutory minimums, maximums, and other assessments is important.
Jail
A DUI conviction often carries a sentence of 48 hours to six months, which is generally suspended in favor of probation.
For a second offense, the minimum jail sentence is 96 hours to one year. On the other hand, a third offense within ten years ranges from 120 days to one year.
The maximum jail term for a misdemeanor DUI is typically one year. Other counties offer alternative programs, including work release. However, repeat offenders are incarcerated more severely.
Fines
DUI fines are also costly and often exceed the $390 to $1,000 base fines. Total costs usually reach four to five times the base fine due to penalty assessments and court fees.
License Suspension
Another serious consequence is license suspension resulting from a DUI conviction, which often overlaps with the DMV’s administrative suspension.
Suspension periods are:
- 6 to 10 months for a first offense
- 2 years for a second
- 3 years for a third within ten years
License reinstatement requires completion of a state-approved DUI education program or DUI school. The program’s length depends on your BAC and prior offenses. A first offense with low BAC typically requires a 3-month (AB541) program, but higher BACs may require 6- or 9-month programs. A second offense requires an 18-month DUI program (SB38). On the other hand, a third or subsequent offense may require a 30-month program (SB1365). These programs are designed to address substance abuse and reduce repeat offenses.
Mandatory Installation of an Ignition Interlock Device
Another common penalty is the mandatory installation of an Ignition Interlock Device (IID). An IID is installed in your vehicle’s ignition and requires a clean breath sample to start the car, with periodic rolling retests while driving. IID installation is mandated statewide for most DUI convictions. IID requirements range from 6 months for a first offense to up to 3 years for multiple violations.
Installation typically costs $75 to $150, with monthly monitoring fees between $70 and $100, posing a financial burden for many. Tampering with, bypassing, or failing to comply with IID requirements can lead to additional license suspensions and criminal charges.
Permanent Effects of a DUI Conviction on Your Record, Insurance, and Employment
In addition to short-term legal and financial penalties, a DUI conviction can have lasting effects on many aspects of your life. Among the most significant long-term impacts is your car insurance. Your insurance premiums will likely increase significantly as you are considered a higher-risk driver. You will also be required to obtain SR-22 insurance, a certificate of financial responsibility that your insurer must file with the DMV to show that you have met the minimum liability coverage as required by the state of California. This SR-22 will usually extend over three years after your license is reinstated, and failure to maintain the coverage will result in additional license suspension.
A DUI conviction can also seriously damage your career opportunities, as it becomes part of your criminal record and appears on most employment background checks done by prospective employers.
A DUI can present serious obstacles for positions involving driving, commercial driver’s licenses, or professional certifications for doctors, nurses, teachers, or attorneys in finding employment or even losing your current job. Moreover, international travel, particularly to Canada, where immigration laws classify DUI as a serious criminal offense that may render you inadmissible, may make you inadmissible unless you obtain a Temporary Resident Permit or Criminal Rehabilitation status.
A DUI conviction remains on your DMV record for 10 years. Once you have completed all your probation conditions, including payment of fines and completion of DUI school, you may petition the court to dismiss your case and dismiss the suspension of your driving privileges during that time. You can take measures to reduce the long-term effects of the criminal record, with the benefit of California’s expungement law. Assuming it is granted, this dismissal will enable you to honestly tell most private employers that you have not been convicted of the crime. Expungement does not erase the conviction. For example, it still counts as a prior DUI if you are charged again within 10 years. However, it considerably reduces the harm to your long-term record and provides a way to a cleaner record.
Find A Banner DUI Attorney Near Me
A California DUI is not a simple traffic infraction. It is a serious legal matter that can affect your life for years to come. From immediate license suspension to steep fines and potential jail time, mandatory DUI classes, and the requirement to maintain SR-22 insurance, the consequences are significant and long-lasting. Do not face this complex legal process alone. Your future and driving privileges are too important to risk.
If you have been arrested or charged with DUI, time is critical. You need experienced and dedicated legal counsel. Contact the San Diego DUI Attorney team in Banner today at 619-535-7150 for a confidential consultation. Protect your rights, explore your legal options, and build your defense.
