DUI

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Warning:
The information on this page is specific to California.
If you are in another state, be aware that your laws may differ.
Information presented here is NOT legal advice. Relying on
The Internet for legal advice may be harmful. It is never advisable
To attempt to represent yourself in a court of law. Reading law
Books and talking to lawyers will not prepare you for the
Dynamic nature of criminal defense. Remember, your freedom
Is at stake.

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Contact Daniel:

It doesn’t matter if you’ve never been in trouble before. It doesn’t matter your ethnicity, income or sex, an arrest for DUI reaches across all boundaries and can be a scary, humiliating and costly experience. While I represent clients on a wide variety of criminal matters, I am very experienced in handling drunk driving charges. I believe that the information below may assist you in avoiding such an unfortunate experience. If you have already been arrested or are already facing charges and don’t know what to do, please call right away for a 100% free consultation. (800) 875-1365

DRIVING UNDER THE INFLUENCE (DUI) IN CALIFORNIA

California
Fines (minimum) $390

Penalties (minimum) $663

Tow/Impound Fee (varies) $500

Alcohol Education Class $375

Auto Insurance Increase* $6,600

Restitution Fund $100

Attorney and Legal Fees (fees will vary) $3,500

Total $10,878

*Insurance increase is $2,200 annually for three years, based on an average premium increase for a motorist with 9 to 13 years driving experience

It is never a good idea to plead guilty or no contest to a drunk driving charge without consulting with an attorney first. There may be several problems with the case against you that the court and DA will not point out to you. These problems may be important enough that the charges against you can be reduced or even dismissed.

The most common criminal charges brought against Californian’s is a DUI. The penalty for DUI convictions continue to increase. As of 2007, the penalties for a first offense include license suspension, fines approaching $2,000, mandatory attendance in alcohol classes, and often, mandatory jail time. In addition, a DUI conviction stays on your DMV record for 10 years, and may result in higher insurance premiums. A DUI conviction can also indirectly impact creditworthiness, and sometimes leads to a loss of employment or difficulty in obtaining a new job or promotion. If you have prior convictions, have been stopped for speeding, or had an accident while driving under the influence, the penalties may be far worse.

Costs above do not include:

 Value of lost work time and wages (and possibility of job loss)

 Medical costs

 Vehicle property damage

 Cost of ignition interlock device if required by judge.

What can you do to avoid being stopped and arrested for driving under the influence?

WHAT TO DO IF YOU ARE PULLED OVER FOR DUI?
If you are pulled over under suspicion of driving under the influence, you should know that you have a right to the following:

First, it is important to treat the police office, sheriff’s deputy or highway patrolman with respect and dignity and in such a way that they do not feel threatened by you. This includes NEVER getting out of your car unless asked to by the officer.

Second, you have constitutional rights that are important to protect:

A. You have a right to limit the information they can collect against you.

All that you are required to give them are the following documents:

 Drivers License

 Registration

 Proof of Insurance

You do not have to tell them where you were, what you’re doing, or how much you had to drink.

You can tell them that you are reserving your right to not incriminate yourself and that if you are being detained or arrested, that you wish to have your attorney present for any questioning.

B. You have a right to refuse to perform any roadside field sobriety tests or the PAS (preliminary alcohol screening) or breath test (commonly known as BREATHALYZER). These tests are different from those described below.

C. You DO NOT have the right to refuse a blood or breath test once you have been transported to the police station or hospital. Your driving privilege depends upon your submitting to your choice of these tests as you have given what is called implied consent when you first received your driver’s license. This means, that in exchange for the privilege of driving you agree that if ever a police officer believes that you may be under the influence, you must consent to a test (in California it is your choice which test you take). The consequence of not doing so will result in the loss of your driving privilege for one year (for a first offense in California).

DUI