California DUI

DUI CHARGE? Have You Been Caught Drinking & Driving?
Do NOT Plead Guilty!

BE ADVISED: California DUI Charges have a 10 day deadline for you to call the DMV and request a hearing on the suspension and get a temporary license extension! Call 1 800 203 6606 For Your Free DUI Consultation Today & We Can Handle Your DMV Hearing As Well!

The 7 Major Penalties You Will Face If You Plead Guilty To A California DUI:

1.Criminal Status – If you are convicted of DUI in California you will have criminal status. This may affect you in many ways including current employment & future job interviews, travelling abroad to certain countries. A DUI conviction does not look good when a background check is completed. Our expert DUI lawyers can often reduce your DUI charges down to reckless driving!

2.  Jail Time – A person who is granted probation and accepts the courts probationary period may face anywhere from no jail time up to 6 months in jail. Any jail time that is assigned is at the judge’s discretion. A person who is not granted probation will face between 96 hours up to 6 months in jail. *Our experienced DUI lawyers will likely be able to eliminate any additional jail time for you.

3.  Fines – The fine amounts for a 1st offense DUI will likely be between approx. $400 to $1,000+

4.  Alcohol Treatment Program – A person who is convicted of a first time DUI charge who had a blood alcohol content (BAC) reading under .20% will be required to attend a state-licensed and approved 30-hour alcohol and drug program. If a person’s BAC was above .20% they will be required to attend a state-licensed and approved 60-hour alcohol and drug program.

5.  CA Driver’s License – The DMV will suspend a person’s driving privileges for 4 months if the individual charged with a California DUI submitted to a breath, blood or urine test. This can be reduced to a one month suspension then followed by 5 months of restricted driving privileges if the individual provides the DMV with proof of enrollment in DUI School. If the person refused to submit to testing, their license will be suspended for 1-year with no chance of gaining a restricted license. A person will be required to show proof of California SR22 insurance* in order to have their license reinstated.

6.  Ignition Interlock Device – Effective July 1st 2010, California courts ordered and required the installation of an ignition interlock device if you are convicted of a DUI in Los Angeles, Tulare, Alameda and Sacramento counties. This requirement may be expanded to the entire state of California and some judges in other counties are making this a requirement DUI convictions.

7.  Car Insurance – If you are convicted of a California DUI your car insurance will likely not be renewed without an SR 22 insurance certificate. You are required to obtain an SR 22 insurance certificate from your car insurance company which will almost always cause your insurance premiums to go up costing you more money for car insurance. A DUI conviction will likely cause your insurance premiums to increase by 300% for 7-10 years! If you are currently paying $1000/year for car insurance, this will likely increase to $3000 for up to 10 years = $30,000 down the drain! We can help you prevent these astronomical insurance increases by often dismissing or reducing your DUI charge to a dry or wet reckless driving charge which has almost no to small insurance premium increases.

For A Free DUI Consultation Call: 1 800 203 6606

California Department of Motor Vehicles policy:

Driving in California Under Influence of Alcohol or Drugs 23152.

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.

NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.

23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle..

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995.