Category: Vehicle Involved

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DUI

DUI

Driving Under the Influence: Alcohol/Drugs (VC 23152)

Per California DUI laws, it is illegal to drive a vehicle with blood alcohol content (BAC) percentages:

0.08% or higher―21 years old or older operating a regular passenger vehicle.

0.04% or higher―operating a commercial vehicle.

0.01% or higher―younger than 21 years old.

It is also illegal to drive a vehicle if under the influence of illegal drugs and/or medications, whether it be prescription medications or over-the-counter drugs.

When arrested for a DUI, most people believe that it will be impossible to successfully challenge DUI charges. Usually this is wrong, Our Criminal Defense attorneys have successfully represented many clients against DUI related charges.

Often equipment malfunctions can create inaccurate readings, and all forms of BAC testing are prone to error. Blood samples that were taken during your arrest can be acquired in order for us to have them tested at an independent laboratory. This procedure has often led to different results in your blood tests.

Did you know that during the roadside investigation that led to your DUI arrest the arresting officer is required to follow set of standardized procedures? Many police officers fail to follow these guidelines, making evidence gathered in the field questionable.

As you can see our team of Criminal Defense attorneys will investigate your DUI case from every angle and we will find any errors made by the police and by their testing equipment.

The Arrest

A DUI commonly begins with an officer of the law pulling you over, or at a checkpoint. If the officer suspects you to be under the influence, he will ask you to perform a series of field sobriety tests, you will also be required to blow into a handheld Breathalyzer. If you are thought to be under the influence, the officer will proceed to arrest you and you will be asked to take either a blood test or a breath test at the police station, or at a hospital.

Refusing both the breath and blood test can result in much tougher DUI penalties, often including a one year driver’s license suspension.

Normally if you are arrested for a misdemeanor DUI, you will be released a few hours after your arrest. In case of felony DUIs, you may be required to post bail in order to be released. After you are released you should be given a citation that requires you to appear in court on a certain date and you will also be given a temporary driver’s license. Your regular driver’s license is usually taken by the arresting police officer and mailed to the Department of Motor Vehicles. If you have an out-of-state driver’s license then the police officer will return your driver’s license to you when you are released.

Our DUI lawyers and DUI court

Our expert DUI lawyers will be able to attend most of the DUI court proceedings on your behalf, you will only be required to attend if there is a hearing in which you are required to testify or if the case goes to trial. DUI cases often involve multiple court dates and can run over the course of several months.

During the course of your DUI proceedings, your DUI attorney will spend their time collecting evidence in order to better negotiate with the judge and prosecutor on your behalf. Your attorney will use any evidence gathered to seek dismissal or reductions to any charges you may be facing.

If after all these proceeding, no settlement is reached then the DUI case will be set for a jury trial. Often during a trial, our DUI lawyers will be able to negotiate better deals by using the trial as an opportunity to review minor details that could have been overlooked by the District Attorney.

 

 

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DUI with Injury

DUI with Injury

DUI with Injury (VC 23153)

If you drove under the influence of alcohol and/or drugs and while driving you injured another person, you may be convicted with VC 23153(b) “driving with a BAC of 0.08% or greater and causing an injury”.

Misdemeanor DUI with Injury:

Informal probation can range between 3 to 5 years with fines imposed up to $5,000, depending on the facts of the case and the injuries involved. You will be required to attend court approved alcohol or drug education programs ranging between 3, 9, 18 or 30 months. Your license may also be suspended for up to three years. You may also be required to pay restitution to any/all injured parties.

 Felony DUI with Injury:

If convicted of a felony DUI with injury, the court will require State prison time between 2 to 4 years. If the victim suffers great bodily injury and/or there are multiple victims injured, additional prison time can be imposed for each additional victim. In addition, a “strike” may be placed on your record if anyone other than yourself suffers great bodily injury. Subsequent DUI with Injury offenses will permanently mark you as a Habitual Traffic Offender (HTO).

What happens if someone is killed or injured in a DUI?

If someone is killed or injured as the result of driving under the influence of alcohol, or while blood alcohol is 0.08% or more, the driver can be found guilty of a felony and could go to state ­prison for over a year, and possibly for up to four years, depending on whether it’s the driver’s first, second, or third offense. Prior convictions for misdemeanor under-the-influence or over-0.08% driving count as prior offenses for the purpose of increasing the prison sentence. So do prior convictions of alcohol-related reckless driving. The jury (and sometimes the judge) will have the option of reducing the offense to a misdemeanor, but even in such cases, the person convicted could still spend up to a year in the county jail—and probably will, since judges take DUI extremely seriously under these circumstances. Also, a person faced with a fourth drunk-driving charge over a ten-year period may be charged with a felony, even where no one was ­injured as a result of the offense.

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DUI Refusal

DUI-Refusal

California DUI Refusal (VC 13353):

Refusal to take Blood, Breath, or Urine Sample

Chemical test/DUI refusal charges can be very serious. Refusing to take a blood, breath, or urine sample will result in additional jail time served with longer license revocation periods. In addition, you will not be able to acquire a restricted license due to your refusal of chemical testing.

 

I’ve just been arrested for DUI. What happens now?

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

At the time of my arrest, the officer confiscated my driver license. How do I get it back?

Your driver license will be returned to you at the end of the suspension or revocation, provided you pay a $125 reissue fee to the DMV and you file proof of financial responsibility. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392. If it is determined that there is not a basis for the suspension or revocation, your driver license will be issued or returned to you.

The Notice of Suspension that the officer gave me at the time of my arrest states I have ten days to request an administrative hearing. What is the purpose of this hearing and what can it do for me?

A hearing is your opportunity to show that the suspension or revocation is not justified.

The officer stated I refused to take a chemical test. What does this mean?

You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless:

  • The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
  • Both the blood or breath tests are not available, or
  • You are a hemophiliac, or
  • You are taking anticoagulant medication in conjunction with a heart condition.

How long will my driving privilege be suspended for not taking the chemical test?

If you were 21 years or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 10 years will result in a 2-year revocation.
  • A third or subsequent offense within 10 years will result in a 3-year revocation.

If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test:

  • A first offense will result in a 1-year suspension.
  • A second offense within 10 years will result in a 2-year revocation.
  • A third or subsequent offense within 10 years will result in a 3-year revocation.

How is the DMV suspension or revocation for the DUI arrest different from the suspension or revocation following my conviction in criminal court?

The DMV suspension or revocation is an immediate administrative action taken against your driving privilege only. This is called Administrative Per Se (APS). Any sanctions imposed by DMV under APS are independent of any court-imposed jail sentence, fine, or other criminal penalty imposed when a person is convicted for driving under the influence (DUI).

The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.

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Multiple DUI (2nd, 3rd, 4th)

Multiple DUI

Multiple DUI Penalties (VC 23152)

 1st DUI Offense:

You can be jailed up to 6 months for your first DUI offense. Your license may be suspended for up to 6 months with probation lasting up to 5 years. You may also be required by the court to attend a court approved alcohol/drug treatment program. A DUI conviction stays on your driving record for 10 years.

2nd DUI Offense:

If you receive a 2nd DUI Violation within 10 years, the penalties imposed require jail time of up to a year, with a license suspension period of up to two years. Probation can be imposed up to 5 years with subsequent DUI alcohol/drug treatment programs required by the offender. The offender will also be required to pay subsequent fines of up to $1,000.00, with possible penalty assessments.

 3rd DUI Offense:

If you receive a 3rd DUI Violation within 10 years, the penalties imposed require a minimum Jail sentence of 120 days up to a year. As with the 2nd DUI Offense, probation can last up to five years and be required to attend alcohol/drug treatment programs, with the license suspension period increasing up to 3 years. The offender will also be required to pay subsequent fines of up to $1,000.00, with possible penalty assessments.

4th DUI Offense:

If you receive a 4th DUI Violation within 10 years, possible state prison time can be imposed. The penalties imposed require a minimum Jail sentence of 180 days to 16 months. Probation and license suspension periods are subsequently increased. However, the 4th DUI offense is no longer a misdemeanor; it will be treated as a felony offense.

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Driving with Suspended License

suspended

Driving with Suspended License (VC 14601):

It is illegal to drive or operate a vehicle when you know that your license has been suspended or revoked. The most common reasons for suspension or revocation are due to DUI conviction(s), mental or physical disabilities, or the result of negligent driving, placing too many points on your driving record.

Penalties (VC 14601)

Driving on a suspended license is a misdemeanor, which can result in possible county jail time and substantial fines. However, the nature of penalties varies in regards to the reason as to why the license was suspended or revoked in the first place.

About Your Suspended License in CA

There are many reasons your CA driver’s license could be suspended, including:

  • Failing to appear (FTA) in court after receiving a traffic ticket. Your license will be suspended until you appear in court.
  • Failing to pay a fine resulting from a FTA. Your license will be suspended until you pay the fine.
  • Not having proof of car insurance.
  • Failing to pay required child support payments.
  • Being caught driving when you are physically/mentally unfit to do so.

For a complete list of actions resulting in a driver’s license suspension, see theCalifornia DMV Driver Handbook.

How Long is My License Suspended?

The duration of your suspension depends on the reason you received it. Typically, suspensions can run anywhere from as little as 30 days for a minor infraction to 1 year for more serious offenses, such as reckless driving.

You could lose your CA license indefinitely if you are not supposed to drive due to a mental or physical disorder. If you would like more information about your individual situation, you may contact the California DMV at (800) 777-0133.

Driving Under the Influence (DUI)

If you are convicted of a single DUI, the court will suspend your driving privilege for 6 months and require you to complete a DUI program prior to your license being reinstated. Note that you may face additional penalties from the DMV on top of what the court hands down to you.

If you are under 21 years old, different suspensions will apply to you. See “DUI Related Suspensions in California” below.

For more information regarding DUI related offenses, please refer to our DUI & DWI in California page.

Evading a Police Officer

If you attempt to evade a police officer performing their regular duties, you may be punished by imprisonment for not more than 1 year. If somebody is injured, you may be subject to:

  • Up to 1 year imprisonment in a county jail OR up to 7 years in a state prison.
  • A $2,000 to $10,000 fine.
  • Both a fine and imprisonment.

Driver Record Points (Negligent Operator)

The California DMV keeps a public record of your driving history. Each incident will appear on your record for 36 months or more depending on the type of conviction and are recorded as points.

If you accumulate 4 points in a period of 12 months, your license will be suspended for 6 months and you will also be on probation for 1 year. Both your suspension and probation will come into effect 34 days after you receive your Order of Probation/Suspension in the mail.

  • For more information about the point system in California, see the “Negligent Operator Treatment System (NOTS)” section below.
  • For more information about point-related incidents, please visit our DMV Point System in California page.
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Hit and Run

hit and run

Hit & Run (VC 20002)

In California you may be charged with a hit and run if the following occurred if: you left the scene of an accident, failed to identify yourself to parties involved, and caused property damage.

  • A misdemeanor hit and run in California is concerned with property damage.
  • A Felony hit and run in California is concerned with injury; you may be charged with a felony if the other party sustained any injuries or death.

Penalties (VC 20002)

  • A misdemeanor hit and run can result in fines up to $1,000 or 6 months in county jail. Informal probation may be granted for a period of 36 months. Restitution fees to damages may also be imposed. The DMV will also count this as 2 points on your driving record.
  • A felony hit and run can result in fines up to a staggering $10,000. In most cases, a prison sentence of 3 years will be imposed. If death or serious injury occurs, the prison sentence could be raised to up to 4 years. A felony hit and run is considered a “wobbler” giving the prosecutor the discretion to consider the charge as a misdemeanor or felony.

What Is a Hit and Run Accident?

A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information.

Examples of hit and run accidents include:

  • A car hits you and speeds off.
  • A driver hits your unattended parked car and leaves no contact information or way of collecting damages.
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Driving Without a License

Driving Without a License

Driving without a License (12500 (a) vc):

There may be several reasons as to why a person may be charged with driving without a valid license. It is illegal to drive a vehicle in the State of California if you never obtained a driver’s license, failed to renew your license upon expiration, or the state has deemed you ineligible to obtain a license (for example, if you are an illegal immigrant).

Penalties (VC 12500 (a) vc):

Driving without a license in California is a “wobbler”. Depending on the circumstances, the prosecutor has the discretion as to charge this offense either as a misdemeanor or a non-criminal infraction. More than likely, the prosecutor will use your driving history to make a decision. However, if in the process of being charged with this offense you are eligible to obtain a valid driver’s license, the prosecutor may dismiss the charges against you.

If convicted with a misdemeanor (12500 (a) vc), you may face up to six months in county jail, be placed on informal probation for a period up to three years, pay fines up to $1,000, with the possibility of your car being impounded.

Legal Defenses (VC 12500 (a) vc):

The burden is on you to prove that you are, in fact, a licensed driver. If possible, the best method in resolving this charge is to obtain a license before your court date. We can help you postpone your case to latest date possible so that you are able to obtain a license. Unless you are a repeat offender, most prosecutors will allow you to do so.

California Vehicle Code 12500 a vc prohibits people from driving in California without a valid driver’s license.

To be valid, a drivers license doesn’t necessarily have to be issued by the California Department of Vehicles. It just must be (1) a valid driver’s license from the state in which you live, and (2) for the type of vehicle (car, motorcycle, commercial truck, etc.) that you are driving.

If the police gave you a citation for driving without a license, then you (or your attorney, if you hire one) must go to court on the scheduled court date. If neither you nor your lawyer show up, the judge will issue a California bench warrant for your arrest.

Although driving without a license is a relatively minor offense, it’s still a misdemeanor. A conviction, if you suffer one, will appear on your criminal record.  The best way to avoid this outcome is to consult with a California criminal defense lawyer who can help get this charge reduced to an infraction or dismissed altogether.

The police can charge you with Vehicle Code 12500 vc if you get caught driving in a situation where:

  • you have never obtained a driver’s license,
  • you failed to renew your driver’s license after it expired,
  • you established residency in California but failed to obtain a California driver’s license, or
  • you are ineligible for a drivers license in this state (if, for example, you are an illegal immigrant…the ramifications of which are discussed below).

In order to understand better California’s driving laws…specifically with respect to Vehicle Code 12500 a vc “driving without a license”…our criminal defense attorneys will address the following topics:

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Vehicular Manslaughter

vehicular-manslaughter

California’s vehicular manslaughter laws (PC 191.5 & 192) punish acts of driving that kill another person when the driver drives in an unlawful way, with or without gross negligence, or drives during the commission of a lawful act which might produce death in an unlawful manner, or knowingly causes the accident for financial gain. Vehicular manslaughter is known as a “wobbler”. If convicted under a felony vehicular manslaughter, you may face two to ten years in state prison. If convicted under a misdemeanor, you may face up to one year in county jail.

In the state of California, depending on the degree of recklessness and whether alcohol was involved, a person could be charged with progressively more serious offenses: vehicular manslaughter, vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or second-degree murder. In any of these cases, the prosecution must prove that the driver committed some wrongful act (which could be a felony, a misdemeanor, an infraction, or a lawful act that might cause death) and that the wrongful act caused the collision and the death of the victim. Murder charges are usually reserved for the most egregious cases, such as a convicted DUI offender who drives recklessly while intoxicated and thereby causes a fatal collision.