Call Now For A Personalized Confidential Consultation!

Law Office of E. Michael Linscheid

Call Now For A Personalized Confidential Consultation!

(415) 728-9982

How Is DUI Defined In The State Of California?

California law prohibits driving a motor vehicle while under the influence of alcohol or drugs, or the combined influence of alcohol and drugs. Unlike many other states, California law only precludes the driving of a motor vehicle and not the act of merely being in physical control of a vehicle while under the influence. If it is determined that an individual’s mental or physical abilities are impaired to the point that they are unable to drive with the care and caution of a sober person, they are considered to be under the influence. In addition to the California law prohibiting driving while impaired, the California per se statute prohibits driving with a blood alcohol concentration at or above .08%. When arrested for driving under the influence, you receive a citation charging two different DUI charges, which creates confusion as to the basis for two separate charges. Accordingly, one count prohibits driving while impaired while the other count (the per se count) prohibits driving with a blood alcohol concentration at or above .08%…Read More

In California, law enforcement officers are uncompromising when it comes to DUIs. If an officer pulls you over on suspicion of driving under the influence of alcohol or drugs, it is almost certain that an arrest and charge will follow. DUIs are a serious matter. Even a first-time DUI can result in a misdemeanor conviction with high penalties and fines. Additionally, you risk getting your license suspended for a DUI. If you are facing a DUI charge, it is advised to consult with a DUI defense attorney.

Contrary to widespread belief, a DUI is not a minor traffic infraction, and should not be treated as such. The consequences of a DUI are much more serious than a traffic infraction, especially if minor children were present at the time. A DUI charge can escalate to a felony due to past or subsequent DUI charges, the presence of minor children, an accident, and/or if an accident resulted in injuries or death. Therefore, if you are being charged with a DUI, contact a DUI defense attorney right away.

Mr. Linscheid provides an effective defense to individuals charged with driving under the influence. When arrested for driving under the influence one faces both criminal prosecutions in the superior court and license suspension proceedings initiated by the Department of Motor Vehicles. After an arrest for driving under the influence, a person must contact the Department of Motor Vehicles within 10 days of their arrest in order to prevent an automatic suspension of their driving privileges. Mr. Linscheid consistently fights for his clients’ rights in the superior court as well as before the Department of Motor Vehicles to avoid a conviction for DUI and suspension of his clients’ driving privileges.

First DUI Offense – Penalties & Punishments*

Probation
Fines & Fees
Driver License
DUI School
Jail Time
3 to 5 years of Court Probation
A fine, including court fees and costs of $1400 to $1800
6 month loss of California Driver License
DUI (Driving Under the Influence) School
MANDATORY JAIL TIME
This means no probation officer to report to, but absolutely no drinking and driving during that time period.This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school.Depending on your Blood Alcohol Level DUI school may be as low as 12 hours or as much as 45. This is dependant on your attorney as well. The California Department of Alcohol and Drug Programs maintains a list of DUI SchoolsThere is a required 48 hours of jail time on a first offense DUI. It is possible to have this time converted to work service.

* In addition, starting July 1, 2010, individuals arrested and then convicted of a first offense dui, in Alameda, Los Angeles, Tulare and Sacramento counties, will be required to install an Ignition Interlock Device on their vehicle for 5 months (12 months if an injury was involved). This is a pilot program which is why the penalty only applies to these four counties.

Second DUI Offense – Penalties & Punishments

Probation
Fines & Fees
Driver License
DUI School
Jail Time
3 to 5 years of Court Probation
A fine, including court fees and costs of $1800 to $2800
2 Year loss of California Driver License
DUI (Driving Under the Influence) School
MANDATORY JAIL TIME
This means no probation officer to report to, but absolutely no drinking and driving during that time period.This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school. Your lawyer may be able to obtain a restricted license for you after ONE YEAR. You will also have to install an ignition interlock device (breath tester) on your vehicle.This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI SchoolsThere is a required 96 hours of jail time on a second offense DUI. It is possible to have this time converted to work service. Many counties will insist on at least 10 days of jail. some require 30.

Third DUI Offense – Penalties & Punishments

Probation
Fines & Fees
Driver License
DUI School
Jail Time
3 to 5 years of Court or FORMAL Probation
A fine, including court fees and costs of $1800 to $2800
Up to 10 (minimum 3) years loss of California Driver License
DUI (Driving Under the Influence) School
MANDATORY JAIL TIME
Court Probation means no probation officer to report to, but absolutely no drinking and driving during that time period.

Formal Probation means reporting to a Probation Officer on a regular basis.

The court decides which type of probation to give based in part on what your lawyer has to say on your behalf.

This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school.This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI SchoolsThere is a required 120 days of jail time on a third offense DUI. It is possible to have this time converted to some alternative such as home arrest, rehab or some combination of these. Many counties will insist on at least 210 days of jail – some counties require a full year.

Fourth DUI Offense – Penalties & Punishments

If this is your fourth or more DUI offense it may be considered a felony DUI. Punishment for such an offense includes upto three years in state prison, permanent loss of license and more.

If anyone was injured in connection with a DUI, it may be charged as either a felony DUI or a misdemeanor DUI. These cases have substantial impact involving jail and loss of license.

If your case is a fourth DUI offense, involves injury to you or another, or occurred within ten years of a prior DUI felony you need immediate help. Contact us at once.

E. Michael Linscheid, Esq.

Call Now For A Personalized Confidential Consultation!
(415) 728-9982

Payment Plans Available

payment Method

We Accept All Major Credit Cards