DUI Attorney Mark Malachowski (415) 983-0717

Aggressive, Effective DUI Defense

DUI Penalties

DUI Penalties DUI Arrest DUI ProsecutionDUI 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.

DUI Enhancements

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

limit on surface streets and thirty (30) miles per hour over the speed limit on highways (minimum sixty (60) day jail sentence), having a child under fourteen (14) in the car, refusal to submit to BAC testing, and a previous DUI conviction in the last ten (10) years.

Subsequent DUI Offense(s)

Each subsequent DUI offense within a ten (10) year period of the last offense requires more severe maximum sentences, driver's license suspension, and other penalties. A fourth DUI offense is a felony and may result in prison time.

Felony DUI Offense

A defendant may be convicted of felony DUI if it is proven beyond a reasonable doubt that they were driving a vehicle under the influence of alcohol, or under the combined influence of alcohol and drugs, or having .08% alcohol in the blood, and doing any illegal act or neglecting any legal duty and there was personal injury to another proximately caused by the act or neglect.

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(415) 983-0717

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(415) 937-2425

Law Offices of Mark Malachowski

(415) 983-0717

Malachowski and Associates

San Francisco Office

870 Market St., Ste. 1048
San Francisco, CA 94102

Tel: (415) 983-0717
Fax: (415) 986-8068

(650) 200-7393

Los Altos Office

5150 El Camino Real, Suite D22
Los Altos, CA 94022

Tel: (650) 200-7393
Fax: (415) 986-8068

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