Chino DUI Lawyers
Gary H. Blaylock

"What will happen to me in the California courts on my first offense for DUI?"

If you talk to any of the DUI attorneys in California, there are all sorts of variables they will consider. Whether you got a DUI in Los Angeles or a DUI in Chino, they usually will not give you a clear answer. After 30 years of working with first offenders in the Chino area, I have plenty of experience to assist you through this difficult and stressful time.

A California DUI in the Courts

• $1,300 fine.
• 3 years probation (informal - no probation officer).
• 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.)
• First Offender School (12 hrs/ 32 hrs / 45 hrs (3 month or 6 months) depending on blood alcohol levels.
• AND Once the DMV receives notice of conviction - 6 Months license suspension (this is in addition to APS action - see The Complication below).

If the DUI charge is reduced to a wet reckless the fine is lower and the course is only 12 hours. BUT If you want a restricted license, the DMV requires a completion certificate for a first offender program. A first offender program is 3 months long (sometimes the county makes it 4 months long). So, here is the catch 22. The court tells you to do a 12 hour program BUT the DMV has NO forms for a 12 month program and ONLY accepts completion forms for a 32 hour program! Get it? If you’ve got a wet-reckless then you have to complete a 3 month program to get your license from the DMV in California! A DUI lawyer can help you out with this.

This is in addition to the four months immediate DMV suspension that starts 30 days after your DUI stop.

The Complication of a California DUI

These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. When this happens what happens to your license gets ever more ’complicated’. And the reverse is true, people are innocent in the court and yet still have a license suspension with the DMV.

With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class.

The only ’draw back’ to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of a DUI or a wet reckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed Proof of Insurance SR-22 and pay $100) to get your license returned.

As of October 2005, upon receiving notice from the court of a California DUI conviction (23152) the DMV is suspending licenses for 6 months. This new added compilation is a double suspension the DMV is giving DUI offenders. The first is the four month APS suspension telling DUI offenders they can get a restricted license DMV tells DUI.com that only 20% of DUI offenders statewide actually get this restriction) and then they issue this letter telling the offender they are suspended for 6 months and can get a restricted license on the court conviction. The added complication is this; once a person gets an APS restriction they have to go back in and get another restriction after paying $15.00.

As anyone can see there is a problem with time. If someone gets an APS restriction and then receives a letter from the DMV based on the conviction indicating that they have a 6 month suspension (AFFECTIVE as of the CONVICTION date) they will actually be driving on a suspended license (and if stopped will have their car towed) until they go to the DMV and pay a $15 restriction to get a restricted license reinstated.

California DMV Hearings

The suspension will be stayed for six months or until the hearing is held. Per the California DUI laws, the driver will have a license BUT if the person loses the hearing and most do since only 7% of the licenses are returned!).

If the driver loses the hearing then the 4 month suspension will go into effect and after a hard 30 days suspension a 5 month restricted license, driving to and from work, could be issued.

California DUI Law Highlights: BAC Levels and Implied Consent (Table 1)

DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

California DUI Law Highlights: Selected Penalties (Table 2)

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

COMMONLY ASKED QUESTIONS AND ANSWERS

• TYPE OF CASES OUR FIRM HANDLES
  I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.

• WE THINK YOU SHOULD HIRE US IF:
  You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.

• OUR FIRM IS NOT RIGHT FOR YOU IF:
  You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.

• IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
  I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (909) 985-0505.

• THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
  The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.

• OUR CLIENTS WILL TELL YOU THAT:
  My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.

• OUR PHILOSOPHY ON HOW WE APPROACH  OUR CASES IS:
  Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.

• IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
  During our free initial consultation I will answer any questions. Please call (909) 985-0505.