DUI

The California DMV records DUI convictions for a minimum of 10 years. A DUI on your
record can potentially lead to higher auto insurance premiums, and can also jeopardize your
credit rating and employment.
DUI penalties rapidly escalate if you have had prior DUI convictions, were stopped for
speeding, had an accident while driving under the influence or other factors.


I'VE JUST BEEN ARRESTED FOR DUI. WILL THE DMV SUSPEND MY LICENSE?

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.

If you lose the DMV APS hearing:

• A first offense will result in a 4-month suspension. (you must wait 30 days from the start
of the license suspension before you can apply for a restricted license.
See Vehicle Code 13353.7 . To get the restricted license, you must (1) be enrolled in the 3
month first offender alcohol program, (2) have your  SR-22 proof of insurance, and  (3) Pay
the DMV fee.

• A second offense will result in a 2 year license suspension.. (You can apply for
a restricted drivers license in as early as one year. See Vehicle Code 13352(a)(3). To get the
restricted license, you must (1) be enrolled in the 18 month alcohol program, (2) have your
SR-22 proof of insurance, (3) Pay the DMV fee and (4) have installed an ignition interlock
device on your vehicle. The restricted license allows you to drive to work, school and an
alcohol program during the balance of the two-year suspension period.

•A third offense will result in a  three-year drivers license suspension. (If you do get hit with
the three-year license suspension, you may obtain a restricted license in as early as 18 months.
But you must first have completed at least the initial 12 months of an 18-month or
30-month alcohol program (depending on which one the court imposes). You must also
have your SR-22 proof of insurance, have an ignition interlock device installed in your car,
and pay a $125 fee to reissue your drivers license.

If you were 21 years of 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 7 years will result in a 2-year revocation.
•        A third or subsequent offense within 7 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 7 years will result in a 2-year revocation.
•        A third or subsequent offense within 7 years will result in a 3-year revocation.

CRIMINAL PUNISHMENT FOR A FIRST TIME DUI:
1st Offense, No prior DUI Offense

* License Suspension: 6 Months
* Probation: 1-5 Years
* Mandatory Alcohol Classes: 3 to 9 Months
* Fines: $390.00 to $1,000.00
* Possible Jail: 0 to 6 Months

Second Offense within 10 years

* Possible Jail: 96 hours to 1 Year
* License Suspension: 2 Years
* Mandatory Alcohol Classes: 18 Months
* Fines: $390.00 to $1,000.00
* Probation: 1-5 Years

Third Offense within 10 years

* Possible Jail: 4 Months to 1 Year
* License Suspension: 3 Years
* Multiple Offender DUI school: 18 Months
* Fines: $390.00 to $1,000.00
* Probation: 1-5 Years

Fourth Offense within 10 years
**Can be filed as a felony

* Possible Jail: 6 Months to 3 Years
* License Suspension: 4 Years
* Multiple Offender DUI school: 18 Months
* Proposed Fines: $390.00 to $1,000.00
* Probation: 1-5 Years (or state prison)

In some cases, a DUI can be reduced to a wet reckless, or dry reckless, speeding or drunk in
public.  

Potential benefits of pleading to a "WET RECKLESS" Vehicle Code § 23103 and 23103.5 . :

*Lesser or No Jail Time
*Shorter Probation Period
*Shorter Alcohol Program
*Court is not required to restrict or suspend driver's license

However, keep in mind that a Wet Reckless is still priorable for 10 years and will be viewed
as a DUI if you are later charged with another DUI.

I can help you with your DUI case.  Contact me immediately at (408)
876-7448 .

DUI With Injury Defined

An intoxicated driver who causes an accident in which another person is injured can be
charged with "drunk driving with injury." California Vehicle Code Section 23153 defines the
offense:

It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or
the combined influence of any alcoholic beverage or drug [or with a BAC of .08 or higher],
to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed
by law in driving the vehicle, which act or neglect proximately causes bodily injury to any
person other than the driver

More Serious Penalties for "DUI With Injury"

The charge of DUI with injury carries much more serious consequences than a standard first
time DUI offense. If the district attorney charges it as a misdemeanor, a client faces up to a
year in jail (plus the other standard DUI penalties). If the district attorney charges it as felony
DUI, a client faces up to 3 years state prison (plus an additional year for each additional
person who is injured).

Also note that if any of the injured parties has serious injuries, a DUI client may be charged
with a "great bodily injury" enhancement. This is significant becuase this adds up to three
additional years of state prison.

**The "great bodily injury" enhancement makes the DUI offense a strike under California's
Three Strikes law.

I can help you with your DUI case.  Contact me immediately at (408)
876-7448.

San Jose DUI Attorney

San Jose DUI Lawyer