SPECIALIZED EXPERIENCED IN DUI LAW
If you have been arrested for driving under the influence, you want an attorney who has specialized experience in handling DUI’s both in court and with the DMV (Department of Motor Vehicles). The law and mechanics of fighting your DUI case in court versus the DMV are very different. You will lose your driving privileges, if you fail to request an administrative per se hearing within 10 days of your arrest. I have successfully litigated DUI trials in court and prevented the loss of driving privileges in fighting DMV hearings.
Do not just hire any attorney who claims to handle DUI’s. The long-term costs from suffering a DUI conviction is too high. It will cost you thousands of dollars in court fines and fees. You will lose your “good drivers” discount and see a rise in your car insurance. A DUI conviction, will add DMV points on your record. If you have too many points within a specified period of time, you can be deemed a “negligent operator,” which may result in the loss of your driver’s license. Even the mere fact that you have DUI conviction on your record may prevent you from obtaining future employment, certain professional licensing, admissions into school or vocational programs, and will create harsh immigration consequences if you are not a U.S. Citizen.
DMV
You will at some point lose you driving privileges, if you do not act within 10 days of your arrest, to request a DMV administrative per se hearing.
Be sure to hire an attorney before scheduling your DMV hearing. An experienced attorney can extend the DMV hearing date for as long as necessary to prepare your defense. This may include issuing subpoenas for discovery, obtaining expert witnesses, and preparation for cross-examination of any DMV witness (usually a police officer or a toxicologist).
Court
In addition to knowing the mechanics of a DUI, make sure your attorney is familiar with the local judges and prosecutors. An attorney with a good reputation can help you navigate your case with less hassle and maximize your chances for the best result.
DUI Penalties from Court
If this is your first-time facing a DUI, most likely it will be charged as a misdemeanor, with little possibility of jail time, unless there was aggravating factors such as someone was injured, you were involved in an accident, you refused the chemical test (breath or blood), you were caught speeding and driving recklessly while under the influence, or you had a child passenger of 14 years or younger in your vehicle and also assuming you are not charged with additional crimes. Below are the mandatory minimum penalties if you suffer a DUI conviction or if you have a multiple offenses within a 10 year period of a prior conviction. The 10 year period counts from date of violation to date of violation.
- First DUI: 3 years probation, court fine of $390 with penalties and assessment, and a 3, 6, or 9 month alcohol program depending on you blood alcohol level, and a 6 month license suspension.
- Second DUI: 3-5 years probation 96 hours in jail, court fine of $390 with penalties and assessment, 18 month alcohol/drug program, and 2 year suspension of your driver’s license.
- Third DUI: 3-5 years probation, 120 days in jail, court fine of $390 with penalties and assessment, 18 month alcohol/drug program, and 3 year revocation of your driver’s license, and designation as a habitual offender for 3 years.
- Fourth DUI: probation, 180 days in jail, court fine of $390 with penalties and assessment, 18 month alcohol/drug program, and 4 year revocation of your driver’s license, and designation as a habitual offender for 3 years. In practice, most counties will charge a fourth DUI offense as a felony, which is punishable by prison time and formal probation.
Again these are the minimums required by law. You will be required to attend a one time MADD (Victim Impact Panel) class in most counties with any DUI conviction and most in most counties the prosecutors and judges will request 5 years of probation on any DUI’s with a prior.
Depending on where you were caught driving, the prosecutors and judges will often ask for more than the mandatory minimums depending on how conservative that particular jurisdiction is. For example, in Orange County, anything beyond your first DUI offense will usually start with an offer that involves jail time of 30-90 days depending on the specific facts of your case, such as how far apart your first conviction was from this current offense and whether you are still on probation from your prior conviction, and all of the afore-mentioned aggravating factors. Having a knowledgeable attorney not only in DUI’s but experience in the local jurisdiction of where you obtained your DUI will make all the difference in the ultimate results of your case.
DUID (Driving Under the Influence of Drugs)
If you were caught with a combination of consuming alcohol and drugs, or even if you had no alcohol, but was under the influence of any drug. You may be charged with a DUID. This includes drugs which have been legally prescribed by your doctor such as antidepressant medications, painkillers, or sleep-aids such as Ambien.
DMV Penalties
In addition to the court penalties, being caught driving under the influence will result in the arresting officer taking your license from your possession. Without the assistance of an lawyer who specializes in DUI’s you will suffer the following license suspensions:
- First DUI results in a 4 month hard suspension meaning no driving at all or a 6 or 10 months license suspension (depending on you blood/breath alcohol level) though you may be eligible to obtain a restricted license.
- Second DUI and beyond results in a 1 year license suspension, though you may be eligible for a restricted license.
If you are charged with a refusal to take a breath or blood test, the following penalties apply and at a minimum, you will not be eligible for a restricted drivers license for at least 1 year or more:
- First DUI results in a 1 year suspension.
- Second DUI results in a 2 year revocation; if on probation 3 years revocation.
- Third DUI results in a 3 year revocation; if on probation 3 years revocation.
If you are under 21 years old, and charged with a first DUI, under the Zero Tolerance Law, DMV will suspend your license for 1 year with no option to drive, unless you qualify for a critical need exception.
If you are a commercial driver and charged with a first DUI, DMV will suspend your license for 1 year. If you are a commercial driver and charged with a second DUI, DMV will suspend your license for life.
FIGHTING YOUR DUI
A knowledgeable and experienced DUI attorney can help you to avoid potential jail, probation, loss of driving privileges, exorbitant fines and fees, and a criminal record. Common areas of defense an experience attorney would look at is why have you been stopped? Was the stop illegal or was the officer fishing? What statements did you give? How was your SFST’s (Standard Field Sobriety Tests) administered? In obtaining your breath or blood did the officer administer the test correctly? Were you admonished correctly? If during your initial consultation, your lawyer doesn’t ask you enough question, you should run. A DUI lawyer who has the specialized training and skills to properly fight your charges should be asking you very specific questions. They should also be able to explain why they are asking you these question and how your answers will assist in fighting your case.
