Driving Under the Influence
In
California, driving under the influence is a
criminal offense which deals with driving a
motor vehicle while under the influence of
either alcohol or drugs. Driving under the
influence can result in severe penalties, a
criminal record, large fines, revocation
of driving privileges,
increased insurance rates, and possible jail
time. The California Vehicle Code states it is
illegal to drive under either condition:(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.
You can be convicted of both offenses, but only punished for one; the penalties are identical. Police usually measure your blood alcohol content by asking you to submit to a breathalyzer test or a blood and/or urine sample. Failure to submit to a chemical test can result in a suspension of your driving privilege through DMV for a minimum of one year.
A person convicted of a first offense is usually granted probation (3 to 5 years). The possible punishment is a minimum of 4 days in jail and up to a maximum of 6 months. In addition, the fine, with mandatory assessments and depending upon the jurisdiction, are close to $2,000. Furthermore, a three month state-approved DUI school will be required and may increase depending on the blood-alcohol level. Some judges also require a suspension of your driving privilege, community service/community work, installation of an ignition interlock device (IID) and/or attendance at various victim impact programs or Alcoholics Anonymous meetings. The usual period of probation is three years.
A four month license suspension is also imposed by the Department of Motor Vehicles. This may be reduced to 30 days followed by a-restriction if you submit proof of 1) insurance and 2) enrollment in an approved DUI school, and pay an appropriate reissuance fee with the DMV.
If any enhancements are proven or admitted, the sentence will become more severe. These include having a child under 14 in the car, speeding in excess of 20 mph on surface streets or 30 mph on highways, refusing to submit to chemical testing, or having one or more prior convictions within the previous ten years. Prior convictions increase jail sentences and longer license suspensions. Three or more "prior" changes the offense to a felony, punishable by commitment to state prison.
We represent individuals that are currently facing felony and misdemeanor DUI/DWI offenses. We provide excellent service by making sure our client’s needs come first. We handle all criminal, DUI and traffic cases in the Central Valley (San Joaquin Valley), including
- Fresno County (Fresno, Coalinga, Clovis, Firebaugh, Fowler, Kingsburg, Sanger and Selma)
- Madera County (Bass Lake, Madera)
- Merced, Kings (Avenal, Corcoran, and Hanford )
If you or someone you know have been arrested for a DUI/DWI, please contact our office for a free consultation. We will discuss your case with you and explain your options, help you get your license back, and vigorously defend you with you driving under the influence matter.
