Violation of California Vehicle Code Sections 23152(a) or 23152(b) is commonly referred to as a DUI and may include driving under the influence of alcohol, drugs or a combination of both.
If you have been arrested for DUI, you are not alone. In 1997, 1.4 million people were arrested in the U.S. for driving under the influence (DUI) or driving while intoxicated (DWI) (NHTSA, 1999)
What is the penalty?
When arrested for DUI in California, a person faces penalties in a criminal hearing before a magistrate and administrative penalties before the Department of Motor Vehicles.
1st Offense Court Min Court Max DMV Min DMV Max Jail 48 Hours 6 Months --- --- Probation 3 Years 5 Years --- --- Fine $390 $1,000 --- --- License Restriction 90 Days --- --- --- License Suspension --- 6 Months 4 Month 1 Year Education Required Required --- --- 2nd Offense Court Min Court Max DMV Min DMV Max Jail 48 Hours 1 Year --- --- Probation 3 Years 5 Years --- --- Fine $390 $1,000 --- --- License Restriction 18 Month 30 Month --- --- License Suspension --- 18 Month 1 Year --- License Revocation --- --- --- 2 Years Education 18 Months 30 Months --- --- 3rd Offense Court Min Court Max DMV MIN DMV Max Jail 120 Days 1 Year --- --- Probation 3 Years 5 Years --- --- Fine $390 $1,000 --- --- License Restriction --- --- --- --- License Suspension --- --- --- --- License Revocation 3 Year 3 Year 3 Year 3 Year Education 18 Months 30 Months --- --- 4th+ Offense Plan on
In addition to the above, in certain situations your vehicle can be seized. Administrative costs are added to the court's fine - sometimes as much as double the fine amount.
The court does not have to impose any given penalty. For example, a sentence might not include any jail time. Complications, such as an accident, can significantly change the penalties.
All convictions also count as 2 points against your license.
What Was My Blood Alcohol Level?
Use this handy calculator to ESTIMATE your blood alcohol level. Due to differences in drink strenght and personal metabolism, this calculator should only be used as a rough guess.
- FLUID OUNCES CONSUMED
(Beer ~ 12 oz. Wine Glass ~ 4 oz. 1 Shot ~ 1.5 oz)
- YOUR WEIGHT (Lbs)
- ALCOHOL PERCENTAGE IN BEVERAGE
(Beer ~ 4-4.5% Wine ~ 15-20% 1 Shot ~ 30-50%)
- HOURS CONSUMING DRINK
What should I expect?
As a first time offender, if there are is no accident or other complications involved, a reasonable penalty is:
What can I do to fight the DMV penalties?
- $1,200 total in fines and administrative costs.
- 3 years informal probation.
- 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) or 90 license restriction
- 32 hours of education
You can request a DMV hearing. If you do not make the request within ten days of your arrest, you may not be allowed to contest the penalties. Very often, the police will take your license during the arrest and give you a paper temporary license.
Do I need an attorney?
You should never try to represent yourself or appear and just plead guilty to an alcohol related offense, even if it's your first. You could be sentenced to jail, ordered to pay a large fine, and subjected to other penalties which, under certain circumstances, could include the loss and sale of your motor vehicle and/or a prison sentence. Additionally, some violations are now a "strike" under the 3-strikes law.
Tell us about your case
Where do I get my "Education"?
Kern County currently has only two schools available: STEPS and TAASK.
S.T.E.P.S. - Special Treatment Education and Prevention Services, Inc.Bakersfield
3533 Mt. Vernon Avenue
Bakersfield, CA 93306
T.A.A.S.K. - Traffic and Alcohol Awareness School of Kern, Inc.BakersfieldWhat if I am not in California?
324 Oak Street, Suite A,
Bakersfield, CA 93304
525 Bear Mountain Blvd.
Arvin, CA 93203
623 Main Street
Delano, CA 93215
511 Central Valley Hwy
Shafter, CA 93263
210 East Center Street
Taft, CA 93268
443 W. Church Street
Ridgecrest CA 93555
15666 "K" Street
Mojave, CA 93501
Choose your area <<here>>
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Copyright © 2002, Law Offices of George A. Boyle