California DUI: Penalties and Criminal Charge Defense

California DUI laws govern the action of all drivers in the state of California, regardless of their home state of residence and licensing. Any arrests occurring for an out of state driver will be subject to California law and administrative procedures, and in turn, due to the Interstate License Compact and Driver’s License Agreement, will result in a driver’s license being suspended in their home state. Furthermore, a driver from any state (California or out of state drivers) must address the criminal proceedings of their case in the state of California in the jurisdiction where filed, and if sentencing results in penalties, the conditions of the sentence must be met.

Penalties Associated with California DUI Convictions

First-time offenders in a California DUI case will face the following potential penalties, including:

• Mandatory license suspension once the temporary thirty day license has expired, or if a defendant disputes the impending license suspension at an administrative hearing ten (10) Days after the arrest the suspension can be avoided, of at least six (6) months with possibility of obtaining hardship based license after ninety (90) days

• Incarceration of at least forty-eight (48) hours, but not more than six (6) months, which most likely becomes suspended or avoided entirely as part of an alternative sentence involving a lengthy probation period

• Mandatory attendance at drug or alcohol counseling courses

• Fines of up to $1,000 for the conviction alone, expect significantly more costs and fees to be accrued to complete sentence, reinstate license, and address insurance company premium increases

• Depending on jurisdiction, mandatory installation of ignition interlock device, per pilot program in effect in certain California jurisdictions

Criminal Defense Strategy in a California DUI Case

The vast majority of the criminal defense strategy can only be formulated once a lawyer has reviewed every element of a given DUI case. However, the following outlines some of the general and most common defense methods a lawyer may employ on behalf of his or her client, if the events before, during, and after the DUI arrest provide the grounds to do so, including:

• Contest the legality of the traffic stop and any ensuing evidence gathering by law enforcement in the field (scene of the traffic stop). Without a sufficient probable cause to make a traffic stop, initiate further questioning to the driver, and without grounds for suspicion of DUI, any evidence obtained through further searching may be inadmissible.

• Contest the legality of the evidence gathered in the field and in a lab setting (the chemical blood draw) through disputing the legality of the driver’s informed consent over the entire process, including issues with Miranda rights, informed consent over blood draws, and other case-specific issues that may arise.

• Contest the accuracy of any blood draw or chemical testing, done both in a lab setting and in the field itself. These defenses usually hinge on the proper use of testing equipment and the maintenance and accuracy of the devices themselves.

Per Se Charges versus DUI Charges

The state of California carries separate criminal charges for per se limit violations and driving under the influence (DUI) charges. These two charges may be filed together. Disputing or undermining the prosecution’s case in each charge will require different defense strategies, as seen below.

Getting Legal Help with California DUI Charges

In practice, virtually any driver facing a DUI charge will benefit from consulting at least initially with a DUI lawyer about their case. A limited number of DUI cases offer little or no room for mounting a viable defense, and in turn, defendants may best be served by taking the standard plea deal offered in the jurisdiction of their arrest. However, unless advised by counsel beforehand to do so, a defendant may be missing a potential opportunity to greatly undermine the prosecution’s case, and ultimately, obtain a dismissal of charges or negotiate a much more favorable plea deal involving lesser misdemeanor offenses, such as reckless driving or others. Without legal counsel, a defendant has limited or no options to defend his or her case. For more information about your specific legal rights and options, consult with a California DUI lawyer.