california dui defense

If you've been arrested for DUI in San Diego, California, you have many legal options in your favor. We hope to arm you with critical information by presenting a concise overview of DUI law, and a summary of benefits of being represented by an aggressive and knowledgeable DUI Lawyer.

california dui law overview

Prosecution is handled by two agencies:

• (I) City Attorney - District Attorney, and
• (II) California Department of Motor Vehicles.

I. For a first DUI offense in California, the minimum sentence is 3 years probation and a $390 fine plus penalty assessments, and fees.

You receive a 90-day license restriction or 48 hours in jail, and you attend a 90-day alcohol program once a week for 90 days.

Some Courts require Formal Probation, while most courts require Summary Probation (without a probation officer), but accountable to the court.

It is possible to be jailed for a maximum of 6 months on a first offense and 1 year for a second or third offense. Jail sentencing is less common in most first offenses for drunk driving, or drugged driving, but the specific facts of your case will determine your punishment.

The seriousness of your DUI is dependent on involvement in an accident and the particulars (injury, etc.), level of intoxication (BAC), and any prior record, dangerous driving (e.g. speeding), children under 14 as passengers, etc.

The higher the reading of intoxication, or blood alcohol level, the more serious the offense becomes. If your blood alcohol is "twice the legal limit of .08%" (a reading of .16%) or a reading of .20% or higher, the enhanced sentence can be jail time, AA meetings, increased program length, vehicle impoundment, mandatory ignition interlock, community service, victim impact panel, and more.

A second DUI offense is treated much more harshly than a first offense. A third is worse than a second. A fourth within 7 years is usually a felony. Whether probation on the prior offense is still in effect is a factor. Older prior cases can carry less jail time than recent ones.

II. The DMV generally seeks to suspend your drivers license for four months on a first offense, one year for a second offense, and three years for a third offense.

At the time of your arrest, the officer will confiscate your drivers license, and issue a temporary license, valid for only 30 days. If you fail to petition the DMV within 10 days of your arrest, there is an automatic four-month suspension.