DUI Facts
The Offense
Driving under the influence may result in several different charges being filed. Unless someone is injured or has prior convictions, the charges are generally filed as a misdemeanor. The following two charges are common:
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. VC 23152(a)
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. VC 23152(b)
If you were in an accident and someone was injured, you may be charged with a much more serious offense, either as a misdemeanor or felony.
(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
License Suspension/DMV Penalties
Your license will ordinarily be suspended within 30 days of your arrest if you do not set a hearing with the DMV within ten (10) days of your arrest. This is an action independent of any criminal proceeding, and requires you or your attorney to request a hearing.
Both the hearing and a “stay” of the suspension must be requested within 10 days to avoid suspension.
An attorney can obstain evidence from the DMV to evaluate their evidence to you prior to the hearing.
There are many technical and legal defenses which may be raised at the DMV hearing, such as:
- subpoenaing police officers
- retesting blood or urine samples
- having forensic experts testify
You may also be eligible for a restricted license, valid for work purposes only
DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE
Table of License Suspensions
| 1st Offense | 4 month license suspension beginning 30 days from the date of arrest |
| 2nd or Subsequent Offense |
12 month license suspension beginning 30 days from the date of arrest. |
| Refusal — 1st Offense |
1 year suspension |
| Refusal with prior conviction |
2 years suspension |
| Minor (under 21) BAC .01 (zero tolerance) | 1 year suspension |
| ** Note: If you do not set a hearing date with 10 days of your arrest, you may have waived your right to a hearing. Further, if the hearing is not set with 10 days of your arrest, you will not be eligible for a stay (i.e., a valid license until your hearing is conducted) on the suspension of your license | |
Reinstatement of License
In order to obtain a restricted license after an Admin Per Se suspension or reinstatement of your license, you must:
- File an “SR-22” proof of insurance certificate with the DMV and keep it on filed for a period of three years
- Pay a $125.00 reissue fee to the DMV
- File proof of enrollment (for restricted license) and/or completion of the First Offender or Multiple Offender Alcohol Program (for reinstatement of license).
Criminal Penalties for Driving Under the Influence:
1st Offense — CVC23161
When Probation is Granted:
Two options, both requiring attendance
at an alcohol/drug program:
OPTION A
- 48 hours to 6 months in jail
- $390 to $1,000 fine, plus penalty assessments
- Six (6) months license suspension
OPTION B
- A 90 day license restriction allowing driving to and from within the scope of work, school
- $390 to $1,000 fine, plus penalty assessments
Under either option, the license shall be suspended for six (6) months if the offense occurred in a vehicle that requires a Class A or Class B license (commercial)
Without Probation:
• 96 hours to 6 months in jail
• $390 to $1,000 fine plus 170%
county penalty assessments
• 2-month license suspension (CVC 23160)
2nd Offense — CVC23166
When Probation is Granted:
OPTION A
- 10 days to 1 year in jail
- $390 to $1,000 fine, plus penalty assessments
- Eighteen (18) months license suspension
Be advised that the 12 month multiple offender alcohol program must be completed before you ever receive a driver’s license from the DMV.
OPTION B
- 48 hours to 1 year in jail
- $390 to $1,000 fine, plus penalty assessments
- 18 month alcohol program and 1 year license restriction allowing driving to and from within the scope of work, school and alcohol programs only.
Without Probation:
- 90 days to 1 year in jail
- $390 to $1,000 fine plus 170% county penalty assessments
- 18-month license suspension (CVC 23160)
The license will not be reinstated until completion of the 18-month multiple offender alcohol program and proof of insurance provided to the DMV.
3rd Offense within 7 years — CVC23166
When Probation is Granted:
- 120 days to 1 year in jail
- $390 to $1,000 fine plus penalty assessments
- 3-year license revocation
- 18 month multiple offender alcohol program*
*(CVC23176) Minimum period of incarceration is reduced to 30 days in jail, if defendant requests and judge orders defendant into a specified school programs. Also see Health & Safety Code 11837.4(a)
Without Probation:
- 120 days to 1 year in jail
- $390 to $1,000 fine
- 3-year license revocation
4th or Subsequent Offense within 7 years — CVC23166
(may be charged as a felony or misdemeanor)
- 180 days to 1 year in jail
- $390 to $1,000 fine plus penalty assessments
- 4-year license revocation
- Completion of an 18-month multiple offender alcohol program for reinstatement of license
- Impound car at owner’s expense for up to 90 days
Without Probation:
- 16 months to 2-3 years in state prison or 180 days to 1 year in jail
- $390 to $1,000 fine plus penalty assessments
- 4-year license revocation and completion of an 18-month multiple offender alcohol program for reinstatement of license
- Impound car at owner’s expense for up to 90 days.
CVC 23175
Criminal Penalties for DRIVING UNDER THE INFLUENCE: and Causing Bodily Injury
1st Offense — CVC23161
When Probation is Granted:
- 5 days to 1 year in jail
- $390 to $1,000 fine, plus penalty assessments
- 1 year mandatory license suspension
- Court-approved alcohol/drug program
Without Probation:
- 90 days to 1 year in jail
- $390 to $1,000 fine plus penalty assessments
- 1 year mandatory license suspension (CVC 23180)
2nd Offense within 7 years
When Probation is Granted:
OPTION A
- 30 days to 1 year in jail
- $390 to $1,000 fine, plus penalty assessments or both
- 1 year license suspension followed by a restricted license (allowed driving for work and alcohol program) for an additional 2 years
OPTION B
- 120 days in jail
- $390 to $1,000 fine, plus penalty assessments
- 3 year license revocation
Without Probation:
- 120 days to 1 year in jail
- $390 to $5,000 fine plus penalty assessments
- 3 year license revocation
License will not be reinstated until completion of the 18-month multiple offender program & proof of insurance has been provided to the DMV.
3rd or Subsequent Offense with 7 years
When Probation is Granted:
- 30 days to 1 year in jail
- $390 to $5,000 fine plus penalty assessments
- Restitution or reparation pursuant to Penal Code 1203.1
- 5 year license revocation
- Completion of an 18 month multiple offender alcohol program
License will not be reinstated until proof of ability to respond in damages and no grounds exist which would authorize refusal of license.
Without Probation:
- 2, 3 or 4 years in state prison
- $1,015 to $5,000 fine plus penalty assessments
- License revocation for 5 years(CVC23190)
Criminal Penalties for Driving on Suspended License
VC 14601.6
The police can now impound your vehicle for up to 30 days if you are stopped for driving on a suspended license with no prior convictions.
If you have one or more prior convictions, the police can forfeit or sell your vehicle and keep the proceeds of the sale.
The Court System and Other Information
A DUI matter is heard in Superior Court. The number and types of hearings depend upon where or not the matter is filed as a felony or a misdemeanor. There are many hearings and procedures available to the prosecution and the defendant. An attorney may assist you in these hearings and procedures.
In most cases, an attorney can appear for you without your presence in court.
In general, the first appearance is an arraignment, followed by either setting a state to obtain discovery, including:
- police reports
- police dispatch logs
- audio tapes
- photographs
- calibration and maintenance records
- transcripts of proceedings
From that point, settlement discussions can take place or the matter can be set for further hearing, contesting the charges, and ultimately for trial. In most instances, the option of either a jury trial or bench trial (judge only, no jury) will be available.
Defenses exist for DUI’s. You must be proven guilty beyond a reasonable doubt in order to be convicted. You have no public record of a DUI until and unless you are convicted.