California DWICalifornia DUI Laws,Criminal Laws California DWILaws DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Sponsored by: Case Briefs www.casebriefs.net D atabase F or C anadian C riminal L aw | Summariesof DUI Law DWI Law California | Law | FirstAppearance | Practice Descriptions | Local Data | Courthouses | Licenses Law Offices of William C. Makler , CA DUI Law, DWI Laws Unlawful to drive while impaired by alcohol and/or drugs and unlawful to drive with a blood alcohol content of .08% or greater in your blood. A lower standard applies to those under 21. Takakjian, Sowers & Sitkoff LLP - Certified Specialist Criminal Defense & DUI - DMV Law , CA DUI Law, DWI Laws First of all, we are sorry if you have been recently arrested for a DUI. And we hope that if you or a family member have been in a traffic collision that you are okay. But it is very important to learn right away if you received a temporary driver's license from the arresting officer. On that form you will see that the DMV must be contacted within ten days of arrest to request a hearing to stop your automatic driver's license suspension! Otherwise, on a first offense, your driver license could be suspended for 4 months and on a second offense, a one year license suspension! Also, please note that if you are subsequently caught driving on a suspended license, a new law says that in addition to being arrested the car you are driving will be impounded and can even be sold! However, you may still qualify for a restricted license! We have been handling DMV license suspension hearings for many years and we are quite successful at representing our clients. Our firm would be happy to contact DMV for you so you can continue to drive. You should know that an arrest can be made at any blood alcohol level. Some counties routinely prosecute people with levels as low as 0.05% BAC. Often the decision to arrest is dependent on the performance on the field sobriety tests ("FST's") and the driving pattern (e.g., weaving, speeding or a traffic accident). Also, an officer can arrest for simply being under the influence of alcohol without any reference to the blood alcohol level at all! The consequences of a DUI conviction are severe. The conviction is on your record for seven years. And a conviction is "priorable" which means an additional offense within seven years has increased penalties (jail, lengthy alcohol programs, loss of license, large fines, etc.). There is a considerable amount of research that an attorney needs to do to defend a DUI case in court and DMV drivers license suspension action. For instance, if someone takes a breath test, the machine maintenance and calibration records as well as the officer's radio logs should be requested to see if the machine is working properly and whether the officer spent the required 15 minutes of observation time prior to the breath test (required by Title 17 of the California Code of Regulations). If someone takes a blood test, then their attorney should request a "blood split" and have the sample sent to an independent lab for testing for preservative and to confirm the blood alcohol level! Also, if it has only been a short time since the last drink was consumed (usually within an hour of the traffic stop or accident), then some of the recently consumed alcohol may still be in the stomach and not even been digested yet. However, when a blood sample is taken an hour or so after driving that alcohol reading is actually higher than it really was at the time of driving! This is called a "Rising Blood Alcohol Defense" and is very persuasive in low blood alcohol level cases. There are many more defenses that may apply to your case. Each of our partners is a former District Attorney. We would be happy to further discuss your case with you. Please do not hesitate to contact us. We have offices throughout California and our fees are reasonable. Please call us and ask for a case analyst. The call is free and the initial consultation is free. But DUI penalties are severe. Don't simply plead guilty without seeing what a very experienced law firm can do for you. Our 24-hour telephone number is 1-800-327-4652. San Luis Obispo DUI Lawyer , CA DUI Law, DWI Laws As a local San Luis Obispo Criminal Defense Attorney I help people who find themselves accusedof a San Luis Obispo crime, or facing a San Luis Obispo Juvenile Case, DUI or DMV matteranywhere in San Luis Obispo County. We never lose sight of our law firms fundamentalcommitment to do all we can to help people who are facing legal problems. We believe that everyperson is entitled to the highest quality Attorney and defense when they are facing the loss of theirfreedom, loss of their job or loss of their driving privilege. The San Luis Obispo Criminal DefenseAttorney firm provides convenient, local and accessible legal services throughout San Luis Obispoand San Luis Obispo County with full service DUI and criminal defense representation in San LuisObispo, Grover Beach, Pismo Beach, Paso Robles, Morro Bay and Santa Maria. As A Local SanLuis Obispo Attorney I can go to Court for you on certain cases avoiding stress and anxiety. Allen & Ehrle , CA DUI Law, DWI Laws A conviction of DUI for a first offender carries the possibility of up to six (6) months in jail, a 1,000 fine, or both. Additionally, probation is usually required, as well as an alcohol education program which is required as a condition of probation. A license restriction may be imposed by the Court, and you car can be ordered impounded. Your insurance rates will increase dramatically, or you may be "cancelled". If you drive for a living, you may lose your job.For second and third offenders, the situation is much more serious. Depending upon the county in which you are arrested, convicted second offenders can expect to spend time in jail. Often the jail sentence can be negotiated to be on week-ends to allow a person to continue their job. Alternatives to actual confinement, such as working for on public works projects, or the "house arrest" program, are possible.The Department of Motor Vehicles will automatically suspend your license if they have evidence you were driving under the influence of alcohol. No doubt the police have taken your license and given you a DMV form that acts as a temporary license and "explains" the hearing process. For the first offender, this mandatory DMV suspension is 120 days, but can be reduced by entering an Alcohol Education Program.If you refused a chemical test, or have been previously been convicted of driving under the influence within the past seven (7) years, the DMV will suspend your license for at least one (1) year. The DMV proceeding is separate and apart from the Court proceeding. Our office provides complete representation at all DMV proceedings and will aggressively seek to protect your driver's license. Please see our DMV page for more detailed information. Braden & Tucci, A Professional Law Corporation , CA DUI Law, DWI Laws Please add data. Kapsack & Bair, LLP , CA DUI Law, DWI Laws First offense DUI conviction in the Bay Area requires: 2 days minimum jail time; fines of about 1500 dollars, DUI School of 15 weeks, and loss of license for 30 days followed by a 90 restriction.Second Offenses increase the jail time to ten days and the school to 18 months with a ONE year license loss.Third offense is sever license loss and 120 minimum jail time. Law Offices of Lawrence Taylor Inc. , CA DUI Law, DWI Laws DUI and per se (.08%) laws, with "Administrative Per Se" automatic license suspension; drivers under 21 face .01% "zero tolerance" suspension. Complex sentencing provisions. 10-day demand requirement for DMV suspension hearing. Option of breath or blood testing. See the California DUI Law Center or California DUI for complete law information. Campbell & DeMetrick , CA DUI Law, DWI Laws See our web page. Law Offices of Barry T. Simons , CA DUI Law, DWI Laws In California, any person who drives a motor vehicle with a blood or breath alcohol concentration of .08% or greater or, who drives while under the influence of alcohol, drugs or a combination thereof is guilty of a misdeamenor unless there is bodily injury or qualified prior convictions which will elevate the offense to a felony. Prior offenses increase both jail time and license suspensions. The Center for DUI & Criminal Defense , CA DUI Law, DWI Laws Please add data. San Diego County DUI Law Center, a Professional Corporation , CA DUI Law, DWI Laws Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152)OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION FIRST OFFENSEwithin 7 years Attendance at an alcohol/drug program, a fine of 390 to 1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 180% apx.), plus either (A) 48 hours to 6 months jail and 6 months license suspension; or (B) a 90-day license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, 390 to 1,000 fine, and a 6-month license suspension. May impound vehicle for 6 months.Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .20% BAC or more. SECOND OFFENSEwithin 7 years Attendance at 18-30 month alcohol/drug program, a fine of 390 to 1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and enrollment in DUI program (Helpful note: earlier court restriction can be requested but is only available if you & your DUI/DMV attorney prevail at DMV administrative per se license suspension hearing). However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. THIRD OFFENSE within 7 years 120 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, 390 to 1,000 fine, and a 3-year license revocation. FOURTH OR SUBSEQUENT OFFENSEwithin 7 years 120 days to 1 year in jail, 390 to 1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; 390 to 1,000 fine, and a 4-year license revocation. DMV Penalties for Driving Under the Influence of alcohol and/or drugs OFFENSE BOH/REFUSAL SENTENCE FIRST OFFENSE .08 or greater 4-month suspension "" Refusal 1 year suspension SECOND OFFENSEwithin 7 years .08 or greater 1 year suspension "" Refusal 2 year revocation THIRD OFFENSEwithin 7 years .08 or greater 3 year revocation "" Refusal 3 year revocation FOURTH OFFENSEwithin 7 years .08 or greater 4 year revocation "" Refusal 4 year revocation Joshua M. Dale, Esq. , CA DUI Law, DWI Laws Remember, you can always defendyour DUI charge . Being arrested for DUI can be traumatic and embarrassing. Getting yourdrivers license confiscated on the spot by a police officer, is sudden andunexpected. If you are an outof state driver , your rights upon arrest slightly differ. At this difficult time, an attorney can help you protect all your legalrights and make sure you dont get taken advantage of. Your attorney shouldtry to save your license at the DMV and the court house. Almost all attorneys offer a free officeconsultation . Use this freeconsultation to get a legal opinion about the issues in your case, and to findanswers to any DUIquestions you may have. The attorneywill help you evaluate your chances for a good defense. You should know thatattorney fees are based on a sliding scale and an easy payment plan can bearranged. Frequently Asked Questions About DUI In California: Q. Why should I see an attorney about my DUI? A. A DUI is a felony ormisdemeanor criminal offense, not just a traffic ticket. If you are convicted ofa DUI, there are mandatory legal penalties. Your drivers license isautomatically suspended unless you fight. Your auto insurance rates willskyrocket, and the conviction may be added to your credit report. If you hold aprofessional license, a conviction must usually be reported to your governingagency. In short, you have a lot to lose. So it makes good sense to see if youcan defend yourself against these charges. An experienced criminal attorney canreview the facts of your case to find legal defenses to the charges. Q. What should I look for in a defense attorney? A. Most attorneys do notpractice criminal law, and you need a specialist to defend your rights. Whenyoure looking for a criminal attorney, you should evaluate the initialinterview carefully. You should feel comfortable with the attorney and confidentin his or her ability in this type of case. When you have questions, make suretheyre answered to your satisfaction. Some firms use paralegals orsecretaries to interview clients. Be sure you talk directly with a competentcriminal defense attorney. Q. Could I represent myself in court or DMV? A. Do-it-yourself legal workdoesnt make much sense. DUI is a criminal matter and there are stiffpenalties. Take it seriously. Q. What if I cant appear in court? A. Your attorney can appear for you incourt in most cases. You dont have to be present. Q. Can I discuss my case with family members, friends, or coworkers? A. No,dont. If you discuss your arrest with others, they can be called as witnessesby the prosecution. Your attorney cant be a witness against you. Tellingpeople about your arrest can damage your reputation, upset your loved ones, andmay jeopardize your job. You should discuss your case only with your lawyer. Q. Can you guarantee results? A. Beware of any attorney who guaranteesresults. In the law, as in most other areas of life, absolute certainty is notpossible. However, the best results in any case always come from a goodprofessional relationship with a competent attorney. Q. Can I get my drivers license back? A. Possibly. Each case has its ownspecial facts, and there are valid legal defenses that can be used against yourDMV license suspension. One or more defenses may apply in your case. Q. What is the DMV hearing about? A. The DMV has the right to suspend orrevoke your drivers license if you dont challenge the action. To do this,they decide whether the police officer had a legal right to stop you and a legalright to arrest you. Then, depending on the test you took, they also decidewhether your blood alcohol content was legally above the limit. Hearings fortest refusal cases are held in much the same way. Law Offices of George A. Boyle , CA DUI Law, DWI Laws First DUI:Jail 48 Hours to 6 Months Probation 3-5 Years Fine generally around $1,500 total License Restriction 90 Days minimum License Suspension 6 Months maximumMandatory Education and Victim AwarenessDMV penalties are in addition to criminal penalties Law Offices of George A. Boyle , CA DUI Law, DWI Laws First DUI:Jail 48 Hours to 6 Months Probation 3-5 Years Fine generally around $1,500 total License Restriction 90 Days minimum License Suspension 6 Months maximumMandatory Education and Victim AwarenessDMV penalties are in addition to criminal penalties Law Offices of Mary Frances Prevost , CA DUI Law, DWI Laws - Taft Attorneys , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont , Shafter , Taft , Mojave , Delano , and Lake Isabella, Lake Buena Vista Southern California DUI Defense , CA DUI Law, DWI Laws Usually in a DUI case, you will be charged with two separate criminal offenses:Section 23152 (a) of the California Vehicle Code, driving under the influence; and,Section 23152 (b) of the California Vehicle Code, driving with a blood alcohol level of .08% or higher. Southern California Criminal Defense Lawyer , CA DUI Law, DWI Laws Please go to my website at www.bestlegaldefense.com - , CA DUI Law, DWI Laws Please add data. Matt Ruff & Bruce Blythe , CA DUI Law, DWI Laws Please add data. Lamont DUI , Traffic and Criminal Defense Attorney , CA DUI Law, DWI Laws When a California driver is arrested the law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first Dui offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ".Please go to our official website at www.lamontattorney.com for additional information California Moore law firm , CA DUI Law, DWI Laws Violation of 232152 a) or b) is a misdemeanor crime. (BAC .08 per se)A misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 12 months in County jail. Minimum with probation is 48 hours in "jail" (alternative work programs may be available).A felony DUI ( 23153 vehicle code) involves either: 1. injury, or 2. three prior convictions within 7 years (and other situations). Penalties could be as much as 12 months in County Jail or years in a state prison.Right to request a hearing from the DMV within 10 days of receipt of license suspension. See DUI web site for complete information: www.moorelawfirm.com Bruce Blythe & Matt Ruff , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont , Shafter ,Wasco, Delano, Taft , Mojave , Delano , and Lake Isabella. Robert L. Miller & Associates, A Law Corporation , CA DUI Law, DWI Laws California law applies two charges to the drinking driver - a Vehicle Code section 23152(a) count, driving impaired by alcohol, and 23152(b), driving above a .08% Blood Alcohol Content. California's Admin Per Se suspension gives you a temporary right to drive for 30 days, after which the driver's license is suspended until further action. Southern California DUI Attorney , CA DUI Law, DWI Laws When a California driver is arrested for a DUI, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days.If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield.The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result.In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered.This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"!The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field.Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count. Law Office , CA DUI Law, DWI Laws Please add data. Law Office , CA DUI Law, DWI Laws Please add data. Attorney at Law , CA DUI Law, DWI Laws Please add data. Darren T. Kavinoky , CA DUI Law, DWI Laws When someone is arrested for DUI ,there are really two separate cases being prosecuted against the accused: The DMV case, where the drivers license can be taken away; and The criminal case that can result in jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding the defendants vehicle, or a combination of these things, depending upon the facts of the case. DMV Case If you have been arrested for Drunk Driving,you must request a DMV hearing within 10 days of your arrest. If you do notrequest a D.M.V. hearing within 10 days of your arrest, your license will beautomatically suspended or revoked 30 days after your arrest. As a courtesy, you may download a DMVhearing request , which must be faxed to the DMVoffice nearest to the location of your arrest. THE D.M.V. OFFICES AND FAXNUMBERS AND ARE LISTED ON THE FORM. Fill in the blanks, including your name,drivers license number, the date of your arrest, the arresting agency(Police, Sheriff, or C.H.P.), and the location of arrest (major cross streets,or at least the city, if known). FAX THIS FORM TO THE D.M.V. DRIVER SAFETYOFFICE NEAREST TO THE LOCATION OF YOUR ARREST. THE LOCATIONS AND FAX NUMBERS AREON THE FORM. Even if 10 days have passed, it may be possibleto get a DMVhearing , depending upon the facts of your case. If you are beyond 10 days,download and fax this hearing request at once, and contact a lawyer immediatelyto try to protect your rights. The Criminal Case The basic DUI law can be found in CaliforniaVehicle Code sections 23152 and 23153 . In order to convict a person of D.U.I., theprosecutor must prove beyond a reasonable doubt that the accused drove a vehiclewhile underthe influence of drugs , alcohol, or both; or, that the accused drove avehicle with .08 or more, by weight, of alcohol in the blood. See BloodAlcohol Calculator . There are special laws in California forpersons under 21 who arearrested for DUI . Just like with people over 21, there are two separateprosecutions. However, the punishment is more severe for persons under 21,especially with the DMV under Californias Zero Tolerance laws. A D.U.I. case may be charged as a felony(meaning the punishment can be a term in state prison for a minimum of 16 months) where someone isinjured, or where the accused has three or more priorDUI convictions . (Note that certain related charges, such as wetreckless driving may count as a prior D.U.I. conviction for this purpose.)These violations must have happened within seven years of the new charge tocount against the accused as a prior conviction. Remember, there are two ways to be convicted ofD.U.I.: Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being a sloppy driver as the result of drinking or taking drugs); or Driving a vehicle while having .08 or more, by weight, of alcohol in the blood. See Blood Alcohol Calculator . Submit a FREE CASEEVALUATION FORM AND SCHEDULE A FREE TELEPHONECONSULTATION . Additional Information: DrunkDriving Laws Los Angeles DUI Attorney , CA DUI Law, DWI Laws When a California driver is arrested for a DUI in Los Angeles, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. (There are a number of offices throughout them Los Angeles area) This is is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, Los Angeles, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the Los Angeles DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! In Los Angeles, the hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A Los Angeles DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count Attorneys at Law , CA DUI Law, DWI Laws Kern County , Bakersfield , Lamont, Arvin , Shafter , Taft , Mojave , Delano , and Lake Isabella. When a California driver is arrested for a DUI, California law requires he or she be given a choice of a breath or blood test. If (1) a breath test indicates .08% blood-alcohol or more, or (2) a blood (or, if neither breath nor blood are available, urine) is taken for later analysis, or (3) the individual refuses to submit to chemical testing, his driver's license is immediately confiscated by the police (unless it is an out-of-state license) and he is issued a pink sheet of paper. This paper serves as (1) a formal notice of immediate suspension, (2) a temporary license valid for 30 days, and (3) a technical explanation of the laws and procedures involved. After a DUI arrest the individual has ten days within which to request an administrative hearing through the Drivers Safety Office of the Department of Motor Vehicles (DMV) to contest the suspension. This is called the Administrative Per Se Suspension ("APS"). It is CRITICAL that the DMV be contacted by the individual's attorney within 10 calendar days of the arrest. On the 11th day, the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. If an attorney has not been retained within the 10-day window, the individual should try to contact the local Drivers Safety Office himself. In Southern California these offices are located in El Segundo, City of Commerce, Irvine, San Bernardino and San Diego. In Kern County the offices are located in Fresno and Bakersfield. The hearing ideally should be set up through an attorney familiar with DUI and DMV APS matters. There is a good chance of having the suspension thrown out; the worst thing that can happen is that the same suspension will simply take effect, but due to the stay often far later than 30 days. If this is a first DUI offense within 10 years, the license will be suspended for a minimum of 4 months. This can be reduced to 1 month followed by 5 months of work restriction if the individual files proof of enrollment in a DUI school and proof of insurance (the "SR-22" form). If the case involves a refusal to submit to chemical testing, the suspension is for 1 year; no work restriction is possible. A 2nd offense within 10 years carries a 1-year suspension, 2 years if a refusal, again no restriction is possible. If under 21 a 1 year suspension will result. In most cases, due to work overload, the DMV will be unable to provide a hearing before the 30-day temporary license expires. In that event, the lawyer should demand -- and will receive -- an extension of the temporary license (called a "stay") until the hearing is provided and a subsequent decision rendered. This "APS" suspension is based upon California's so-called "implied consent" laws: any person driving in this state is "presumed" to impliedly consent to chemical testing if he is suspected of drunk driving. It would certainly seem, however, that the procedure violates the U.S. Constitution. First, there appears to be a presumption of guilt and lack of due process: the officer is judge, jury and executioner. Second, it would seem to constitute "double jeopardy": the individual is being charged with a criminal offense and punished (including a license restriction) in court -- and then is accused in a separate proceeding and punished again with a license suspension. The courts, however, have used strained logic in concluding that one is criminal and the other administrative -- a license suspension is simply an "administrative sanction", not a "punishment"! The hearing is conducted by a hearing officer who is an employee of the DMV. This person, although not legally trained, will act as the "judge" -- and also as the prosecutor! He or she can, for example, rule on his own objections. The hearing is conducted like a miniature trial, but without jury and with somewhat different rules of evidence. The defenses tend to be more technical than in court, with procedural and bureaucratic errors often the grounds for a "set-aside" of the suspension. Because of the technical nature of these hearings and the lack of an independent judge, it is inadvisable to attempt to represent yourself. And because they are not criminal in nature, public defenders are unavailable. A DMV attorney on your side can at the very least level the playing field. Testimony can be produced by both sides, although the hearing officer usually only produces documents, such as police reports, laboratory reports and the officer's sworn affidavit. Because there is no Fifth Amendment right at the hearing, the attorney may or may not choose to have the client at the hearing since he can be called by the hearing officer as a witness. A decision is usually not rendered until some days or even weeks after the hearing. If adverse, the decision can be appealed to the DMV in Sacramento and/or to the courts by filing a "writ". Another way around the DMV APS suspension is to obtain an acquittal in the criminal court on the DUI "B" count. Additional External DUI DWI Links: DUI Lawyer: DWI, BAC, Public Intoxication 5972 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.
|
DUI / DWI, Drinking 
