DUI Penalty Facts
It is against the law to drive a vehicle under the influence of alcohol or drugs in the State of California.
California Vehicle Code 23152
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
First DUI Offense (Misdemeanor)
A first offense is punishable by jail up to six months, and typically, fines and assessments over $1,500, three months of DUI school, and three years probation. Also, six (6) months of license suspension and an ignition interlock device (IID) installation may be required. Also, the DMV will suspend your license for four (4) months, which may be reduced to thirty (30) days followed by a five (5) month restricted license if you show proof of insurance and enrollment in DUI school.
Enhancements increase the severity of penalties in a drunk driving case. Typical enhancements include having a DUI BAC greater than 0.15%, driving more than twenty (20) miles per hour over the speed
Even if the District Attorney (DA) does not bring DUI charges against you in Superior Court, the Department of Motor Vehicles (DMV) can suspend your license. In that situation, an appeal of the administrative DMV ruling can be made, simultaneously with the filing of a Writ of Mandamus Petition to the Superior Court, asking the Court to order the DMV to restore your license.
A Writ of Mandamus, or Writ of Mandate, is a process where the Court orders an administrative agency to perform an action. In a DMV hearing, the hearing Official is both the Prosecutor and Judge, and evidentiary protections of Defendants are routinely ignored. Thus, a Defendant may prevail at the Writ of Mandamus hearing, where the DMV Officer has previously ruled suspended a Defendant’s license.
Strict deadlines apply, please contact Malachowski & Associates immediately upon receiving an unfavorable ruling from the DMV.
If you or a loved one has been arrested for driving under the influence of alcohol or drugs (DUI), Mark Malachowski is the best DUI attorney to represent you. Although driving under the influence of alcohol, or drunk driving, is the most commonly committed crime in the United States, the laws are complex and the penalties are severe. A DUI conviction can result in jail time, probation, a criminal record, fines, required classes, and loss of your license. It is extremely important that you speak with a DUI attorney who knows the unique system of legal standards that apply to DUI cases.
Criminal and civil procedures in DUI cases move forward rapidly, thus it is essential that you retain a top DUI attorney to take immediate action and afford you aggressive representation to get you the best DUI case results possible. You are innocent until the State proves that you are guilty beyond a reasonable doubt.
The police officer's decision to arrest a citizen for DUI is based on the totality of information that includes driving, the stop, the initial contact, objective symptoms, the interview, the performance on the FSTs, and the preliminary breath (preliminary alcohol screening, or PAS) test.
The DUI Stop
The police must have a reasonable suspicion that a violation of law is being or has been committed before they can pull you over. Moreover, the police must be able to explain what gave them this reasonable suspicion. Typical reasons for being pulled over are speeding, erratic speed, weaving or swerving, wide right turns, not using a blinker, broken tail lights, or driving with your high beams.
The officer may note in his report if the driver reacts inappropriately to the police officer's flashing red lights, whether the driver puts on his blinker, pulls over in a safe spot, and parks his vehicle in a safe and orderly manner.
Next, the police must have probable cause to arrest you. The police attempt to establish this probable cause by questioning you and requesting you to take a variety of tests.
Sobriety checkpoints are road blocks setup by police to catch drunk drivers. Typically, they are set up late at night or on holiday weekends when police think it is most likely for people to be drinking and