You can find all of the California Statutes at California Vehicle Code.
DUI cases are the most common criminal cases affecting people who do not ordinarily think of themselves as criminals. Neither drinking alcohol nor driving are illegal in and of themselves. Law abiding, upstanding citizens commonly engage in both. That is why it is such a shock to them when, after mixing the two activities, they find themselves in the criminal justice system. At best, a DUI conviction costs thousands of dollars, results in major inconvenience, and comes with serious ramifications to your driving privilege. The laws are complicated, the consequences serious. You need a DUI lawyer, even if you intend to plead guilty.
When a person is arrested for driving under the influence of alcohol, typically he/she faces two misdemeanor counts filed in the alternative: Count 1: Vehicle Code Section 23152(a) - Driving under the influence of alcohol or drugs, or both and Count 2: Vehicle Code Section 23152(b) - Driving with blood-alcohol level of .08 percent or higher. In trial, the prosecutor might win one count and lose the other, and still get a conviction.
For drivers of commercial vehicles, there is a much lower tolerance for alcohol. The applicable Vehicle Code Section is 23152(d) - Driving a commercial vehicle with blood-alcohol level of .04 percent or higher. The consequences of conviction are significantly enhanced.
In some cases, your lawyer can reduce a DUI charge to a "wet reckless" (Violation of Vehicle Code Section 23103 or 23103.5 - Reckless driving involving alcohol or drugs, or both.)
The consequences of conviction of any subdivision of Section 23152 are serious.
The Department of Motor Vehicles (DMV), a legal entity separate from the court, may act on its own, and may impose severe license suspensions or revocations as a result of the arrest. You have a right to a hearing before the DMV, but you must claim that right promptly or lose it. Even if you lose your DMV hearing, in some cases it may be useful to cross examine the arresting officer in the DMV hearing in preparation for trial in court.
| Offense | Minimum and Maximum Sentences when Probation is Granted (3 to 5 Years Probation Term) Sentences | Minimum and Maximum without Probation |
|---|---|---|
| First offense | The Court may order a jail term of 48 hours to 6 months in jail. It will impose a fine of $390 to $1,000 and order you to complete a 3-month alcohol/drug treatment program. If your blood-alcohol content was .20% or more, or if you refused a chemical test upon your arrest, you must complete a 9-month treatment program. The DMV will also impose a 6-month driver's license suspension, or a 10-month license suspension if a 9-month treatment program is required. § 23538. | 96 hours to 6 months in jail and a $390 to $1,000 fine. The DMV will impose a 6-month driver's license suspension. |
| Second offense in a 10 year period | A jail term of either: (a) 10 days to 1 year, or (b) 96-hours to 1 year, a $390 to $1,000 fine, and completion of an 18-month alcohol/drug treatment program. The DMV will impose a 2-year driver's license suspension. | 90 days to 1 year in jail and a $390 to $1,000 fine. The DMV will impose a 2-year driver's license suspension. |
| Third offense in a 10 year period | 120 days to 1 year in jail, a $390 to $1,000 fine, and completion of an 18-month alcohol/drug program if you have not completed one before. The DMV will impose a 3-year driver's license revocation. | 120 days to 1 year in jail and a $390 to $1,000 fine. The DMV will impose a 3-year driver's license revocation. |
| Fourth or subsequent in a 10 year period | 180 days to 1 year in jail, a $390 to $1,000 fine, and completion of an 18-month alcohol/drug program if you have not completed one before. The DMV will impose a 4-year driver's license revocation. | 16 months, 2 years or 3 years in state prison (or 180 days to 1 year in county jail) and a $390 to $1,000 fine. The DMV will impose a 4-year driver's license revocation. |
See Vehicle Code Section 13352. Conviction for driving under the influence...; terms of suspension or revocation of license; eligibility for restricted license; reinstatement conditions.
The DMV may suspend or revoke your driver's license under a civil procedure which is separate from the criminal action. The DMV's action, if any, will be in addition to the Court's sentence.
The DMV will notify you that you are required to install an ignition interlock device in all vehicles that you own or operate, and it will issue a restricted license if you comply.
The DMV will not restore your driving privilege following your driver's license suspension or revocation unless you provide the DMV with proof of insurance for 3 years.
Proof of your successful completion of an alcohol/drug program must be received at DMV headquarters for you driving privilege to be reinstated, even if you are not ordered to attend such a program by the Court.
The DMV will prohibit you from operating a commercial vehicle for one year if you are convicted of a first DUI offense or willful refusal to submit to or complete a chemical test to determine your blood-alcohol level which occurred in any vehicle. The DMV will prohibit you from operating a commercial vehicle ever again if you are convicted of a second or subsequent DUI offense or willful refusal to submit to or complete a chemical test in any vehicle.
The DMV will revoke your driver's license for a period of 4 years if you have a prior felony conviction in the past 10 years of Vehicle Code § 23152, 23153 or Penal Code § 191 .5(b), 192(c)( 1), or any conviction within 10 years of Penal Code §191.5(a), 191.5(b) or 192.5(a).
If you were under the age of 21 at the time of your arrest, your driver's license will also be suspended for 1 year, and you must surrender your license to the Court.
If your blood-alcohol level was .15 percent or above, or if you refused to submit to a chemical test, the Court will consider this in determining whether to enhance the penalties, grant probation, or impose additional terms of probation.
If you are placed on probation, it is unlawful to drive with a blood-alcohol level of .01 percent or higher and your license will be suspended by the DMV for up to one year if you do so.
If you are convicted of a third or subsequent DUI violation, you will be designated as an habitual traffic offender for 3 years after your conviction, and you will receive an enhanced sentence if you drive in violation of your license revocation. If probation is granted, you may also request to participate in a 30-month treatment program. If the Court grants your request, you will be sentenced to the county jail for at least 30 days but not more than 1 year as a condition of probation.
In some cases a person is certain right away that he/she wants to fight the case or plead guilty. In all cases, an experienced lawyer can help determine the possible defenses and assist in the decision on how to proceed. In some cases an experienced lawyer can obtain a plea bargain that is more favorable than what might otherwise be offered. In all cases, a lawyer can explain the consequences of a conviction. If you are convicted, Mr. Varga will be there for your post-conviction appearances. In fact, in misdemeanor DUI cases, you do not even have to be present in court for any of your appearances if you have authorized your DUI attorney to appear in your behalf.