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DUI

Our lawyers are experienced in every aspect of DUI defense. A DUI involves two primary aspects—the criminal court and the DMV. You will have to defend yourself essentially under two different cases. We are dedicated to the vigorous defense of cases involving a DUI in the Criminal Court and the DMV Administrative Review Hearings, as well as DUI cases involving refusals, Hit & Run, people under the age of 21-years old, second and third offense DUI's and many other types of DUI related offenses.

If you have a blood alcohol level of .08% or above or have drugs in your system, you can be charged with driving under the influence. However, in many cases, improper procedures are used when a driver is stopped. We will work tirelessly to find out why you were stopped, which sorts of tests were used, and if all procedures were followed correctly.

Our legal team of expert investigators and specialists, combined with our lawyers will make sure that were tested and treated fairly. We treat each client with the individual attention that they deserve.

Alternatives to pleading guilty to a DUI

Exhibition of Speed or a “speed-ex" is a reduced charge sometimes negotiated during a DUI plea bargain. While a Speed-ex typically has nothing to do with driving under the influence and is not directly alcohol-related, it may often times be an understood reduction for a DUI when presented properly and under the appropriate circumstances.

California Vehicle Code 23109 is a violation that essentially prohibits speed contests, prohibits the exhibition of speed publicly, or prohibits someone from aiding others to exhibit speed.

A “Speed-ex under Vehicle Code 23109 offers significant advantages over a traditional DUI conviction. This offense is still a misdemeanor with potential incarceration, but it is not a “priorable” offense - as it will not count as a prior conviction if you are subsequently convicted of drunk driving.

In an effort to negotiate an Exhibition of Speed, your DUI lawyer will vigorously attack the weaknesses in the prosecution's case to show them that you deserve a lesser charge that does not carry the same consequences as a DUI. Examples of such issues may include:

the results of your blood or breath sample,
the credibility of the officer,
credibility of the police reports,
the specific circumstances of the arrest,
your criminal history.
other circumstances presented to the prosecution by your attorney.

Advantages to this alternative (Exhibition of Speed)

The overall penalties that a Speed-ex carries are significantly favorable to those imposed in connection with a California DUI. The advantages may include:

Reduced fines.
Not used as a prior.
Terms of Probation are less.
Shorter potential county jail sentence.
No mandatory alcohol classes.
No reference to alcohol.

SUMMARY OF DUI SENTENCES

The following is a summary of what you may be facing if convicted of a First-time DUI. This is what you can generally expect. (As always, other additional terms and conditions may apply).

First Offense within 10 years:

Minimum and Maximum Sentences (Probation)

Probation for 3-5 years.
The Court may order me to serve between 48 hours to 6 months in jail.
It will impose a fine of $390 to $1,000 and,
Order me to complete a 3-month alcohol/drug treatment program.
Or a 9-month program if my blood-alcohol content was .20 percent or more, or if I refused a chemical test upon my arrest.
The DMV will also impose a 6-month driver's license suspension, or a 10-month suspension if a 9-month program is required.

Minimum and Maximum Sentences (no probation is granted).

96 hours to 6 months in jail, and
a $390 to $1,000 fine.
The DMV will also impose a 6-month driver’s license suspension.

Second Offense within 10 years

Minimum and Maximum Sentences (Probation)

Probation for 3-5 years.
A jail term of either: (a) 10 days to 1 year, or (b) 96-hours to 1 year,
A $390 to $1,000 fine, and,
Completion of an 18-month (or 30-month) alcohol/drug treatment program.
The DMV will also impose a 2-year driver's license suspension.

Minimum and Maximum Sentences (no Probation)

90 days to 1 year in jail, and,
a $390 to $1,000 fine. The DMV
DMV will also impose a 2-year driver's license suspension.

GENERAL CONSEQUENCES OF A DUI PLEA OF GUILTY

If you plead guilty to a first-time misdemeanor DUI (under Vehicle Code §23152), you will be asked to acknowledge the following general consequences of your plea. This is what you can expect. (Other additional terms and conditions may apply):

I understand that in addition to the fine, the Court will add assessments which will significantly increase the amount I must pay. I will also be ordered to make restitution and to pay a restitution fine of $100 to $1,000 unless the Court finds compelling and extraordinary reasons not to do so.

If applicable - I understand that if I was under the age of 21 at the time of my arrest, my driver’s license will also be suspended for 1 year, and I must surrender my license to the Court.

I understand that if my blood-alcohol level was .15 percent or above, or if I refused to submit to a chemical test, the Court will consider this in determiniung whether to enhance the penalties, grant probation, or impose additional terms of probation.

I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder.

I understand that the Court may order my vehicle impounded at my expense for up to 30 days. It may also require me to install an ignition interlock device (IID) for up to three years. Installation of this device, which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to drive without a valid license.

I understand that the DMV will notify me that I am required to install an ignition interlock device in all vehicles that I own or operate, and it will issue a restricted license if I comply.

I understand that the DMV may suspend my driver’s license under a civil procedure which is
separate from this criminal action. I understand that the DMV’s action, if any, will be in addition to the Court’s sentence and that I must obey it

I understand that the DMV will prohibit me from operating a commercial vehicle for one year if I am convicted of a first DUI violation, or willfully refused to submit to or complete a chemical test to determine my blood-alcohol level, which occurred in any vehicle.

I understand that the DMV will revoke my driver’s license for a period of 4 years if I have a prior felony conviction in the past 10 years of Vehicle Code § 23152 or 23153, or Penal Code § 191.5(b), 192(c)(1) or any conviction within 10 years of Penal Code §191.5(a) or 192.5(a).

I understand that proof of my successful completion of an alcohol/drug program must be received at DMV headquarters in order for me to have my driving privilege reinstated, even if I am not ordered to attend such a program by the Court. I also understand that I must surrender my license to the Court

I understand that the DMV will not restore my driving privilege following a driver's license suspension unless I provide the DMV with proof of insurance for 3 years.

I understand that the DMV may consider any of my other convictions for DUI or reckless driving, even those that are not charged in this proceeding, and may impose a more severe driver’s license suspension, or revocation as a result
I understand that if I am not a citizen, a plea of guilty or no contest could result in my deportation, exclusion from admission to this country, or denial of naturalization.

I understand that if I am placed on probation, it is unlawful to drive with a blood-alcohol level of .01 percent or greater and my license will be suspended by the DMV for up to one year if I do so.

*Laws revised as of 7/2010 If you have been charged with driving under the influence or any other DUI related offense and need an experienced criminal lawyer, contact us or call us toll free at 1-800-977-1529 for more information or to schedule a FREE consultation."