Arrested for DUI?
If you are arrested for drunk driving California Vehicle Code 23152 (a) (b) in Los Angeles or any other county in California you are in serious legal trouble. The state has some of the most severe penalties in the nation for DUI charges. For those who have an earlier drunk driving offense California Vehicle Code 23152 (a) (b) on their record, they will be facing enhanced penalties if convicted again. If you or a loved one has been arrested for drunk driving, it is critical that you enlist the assistance of a Los Angeles drunk driving defense lawyer immediately. At the California Justice Law Group, the legal team is well-skilled in the defense of DUI charges of all types, including for individuals who have multiple drunk driving convictions on their record.

Drunk Driving (DUI) Defense Lawyer
When dealing with such a charge, it is important to understand that you must not answer questions by law enforcement until you have legal representation. Many individuals do not understand that it does them absolutely no good to try to be friendly or chatty with a law enforcement officer. The officer wants to arrest you for the charge. What you say will be used against you later. The first thing to do is contact a DUI defense lawyer from the California Justice Law Group as soon as is possible after the arrest.

There are many options in the defense of a drunk driving charge, even when there are earlier convictions or when an accident occurred that led to your arrest. Police may assume that driving under the influence is the cause of the accident, but in many cases it has been proven by independent investigation that another individual caused the accident. Whatever your situation is, the legal team at the California Justice Law Group would like to get the details of your case to advise you how to best move forward with a defense on your behalf. The sooner you call, the sooner your case can be resolved.

California DUI Defense Attorneys
If you’ve been charged with a California DUI, you may assume the evidence against you is so insurmountable that a conviction is in your future. Wrong. In most cases, a California DUI charge doesn’t automatically lead to a conviction.

That’s why it’s vital to you, your family and your future to fight a DUI case. In fact, fighting a DUI charge makes more sense than pleading guilty. Do you want proof? Well, did you know....

False and high DUI Breathalyzer readings are caused by over 100 equipment malfunctions, interfering substances and medical conditions? This means that you could plead guilty to false information.

DUI blood testing isn’t error-proof. When DUI attorneys at California Justice Law Group have independent laboratories re-test clients' blood samples, we commonly get different results. In fact, we sometimes discover that the original sample our clients give were contaminated

All police officers are supposed to follow California’s standardized procedures in DUI roadside investigations. Unfortunately, very few of the officers actually do.

Our team of California DUI attorneys have more than a law degree and experience representing clients in DUI cases. Our attorneys have career experience as former police toxicologists, former drunk driving prosecutors and former DUI enforcement officers. Their prior criminal justice professions are invaluable an invaluable asset when fighting DUI cases.

We represent clients throughout the state, including areas such as Los Angeles, San Francisco Bay Area, Riverside, San Bernardino, Ventura, San Diego and Orange Counties. We represent clients charged with cases such as a misdemeanor drunk driving to California Felony DUI, DUI Causing Injury, vehicular manslaughter and gross vehicular manslaughter.

We handle every case the same way. For instance, we visit the location where the arrest occurred and deconstruct your case to find the best avenue to a successful DUI defense. In fact, we don’t simply accept the arresting officer’s word that you committed a California DUI offense. We investigate the arresting officers’ background and training. We reanalyze blood samples and cross-examine officers at your DMV hearing. Also, we examine the breathalyzer’s maintenance and history.

If you were arrested for DUI, we are here for you. Come to our office for a case analysis with one of our California DUI lawyers. During your consultation, we want to hear the details surrounding your charge. To build a solid defense, we need to know what happened prior to, during and after your arrest. We promise you that we won’t sugar coat anything. We’ll give you our honest legal opinion as to the outcome of your case at the DMV and in court.

Now that you know how hard we will fight for you, we want to tell you about California DUIs from the time of an arrest to the resolution of the case. California DUI defense attorneys know that whether you hire us to represent you or not, we want to help you understand every aspect of your case.

The DUI Arrest
Majority of California DUI arrests start when a police officer stops a driver at a checkpoint or traffic stop. During the stop, the officer requests that a driver complete tests to determine if he or he is intoxicated. For instance, during your traffic stop, the officer requested that you perform a series of field sobriety tests. The officer also asked you to blow twice into a Breathalyzer device. After an arrest, the officer usually asks a driver to take a breath or blood test at the local police station, hospital or jail.

Please note: you are required by California law to take this test. Any refusal may result in tougher DUI penalties and a suspended license up to one year.

If a California DUI arrest is a misdemeanor offense, the police officer will let a driver go within a couple hours of an arrest. However, if the DUI is a felony or accident case, a driver may have to post bail to leave jail. Upon a driver’s release, he or she is given two documents. The first is a citation to appear in court. The second document is a pink temporary license. As you may know, when you’re arrested for DUI, the officer will typically take your licenses and mail it to the DMV with the only exception being if you do not live in California a police officer can’t take your physical driver’s license.

The DMV Process
It’s vital that any driver arrested for a California DUI, contact the DMV within 10 days of the arrest to demand a hearing. When you hire a lawyer immediately after your arrest, he or she can demand the hearing on your behalf. If you don’t, two things will happen: your license is automatically suspended and you forfeit your right to a hearing.

Here’s a tip: It’s best for you to hire a California DUI lawyer and have him or her request the hearing for you. A lawyer can often schedule your hearing well in advance to give you and the lawyer more time to prepare. When you call, you usually get the first scheduled time which is often sooner rather than later. Sometimes, a lawyer can influence which DMV hearing officer is assigned to the case.

Your California DUI attorney represents you at the hearing. Thus, you may not have to attend. During the hearing, your lawyer’s primary objective is to convince the DMV to let you keep your license. His or her secondary objective is to gather evidence that may be helpful to your court case.

For instance, we can focus on the Breathalyzer test and subpoena its maintenance and calibration records. The records can often be helpful to a case when it reveals a history of inaccurate readings and malfunctions. Also, we can subpoena the arresting officer to testify at the DMV hearing to question him about possible poor training or mistakes made in the investigation.

At the end of the hearing, the DMV hearing officer takes all the evidence to make a decision. Later, the hearing officer issues written findings which are made in one to 30 days. If the hearing officer finds in a driver’s favor there’s no license suspension. If the DMV doesn’t find in the driver’s favor, then the license suspension takes effect within a few days of receiving the notice.

Keep in mind that your license can still be suspended if convicted in court.

Please note: DMV hearings only happen in DUI alcohol arrests to determine if you drove with a .08 percent or higher blood alcohol concentration (BAC) level. Also, it can happen when there is a positive BAC level in an underage drinking arrest. However, if you were arrested for a California DUI drug charge, which includes marijuana, Ambien or Vicodin, there’s no hearing. A conviction in court will trigger a driver’s license suspension.

If Your License Gets Suspended
If your driver’s license is suspended, you can receive a restricted license within 30 days of the suspension. A suspended license allows you to drive to and from work, work related activities and to court hearings. You can also use the temporary license to drive to DMV imposed alcohol programs. In certain cases, you can make arrangements to receive your restricted license immediately.

It’s important that you do not drive while your licenses is suspended and you don’t have a restricted license. If you’re caught driving on a suspended license, you can go to jail, violate probation and receive other harsh penalties.

DUI Court Proceedings
When a person’s BAC exceeds .08 percent, he or she is charged with two misdemeanor crimes: Driving with Excessive BAC under Vehicle Code 23152(b) and DUI under Vehicle Code 23152(a) We understand that your objective is to avoid conviction for either of these offenses.

Unless you’re called to testify or the case goes to trial, your California DUI attorney will attend all proceedings on your behalf. Typically, a DUI case may involve several court dates over many months. During this time, your DUI attorney continuously collects evidences to strengthen your case and files motions. In addition, he or she negotiates with the prosecutor and judge to obtain a dismissal or reduction of charges for you.

If negotiations are successful, you can actually avoid going to trial to resolve your DUI case. With a settlement, you plead to a DUI or lessor charge. This can happen in one of two ways. You can go to a court hearing and plead guilty in front of a judge or you can sign a trial waiver. The waiver is signed outside of court. Your lawyer can bring the waiver to court and plead guilty on your behalf.

If there is no settlement, your DUI case is set for a jury trial. Sometimes, judges and prosecutors give you a better deal after the case is set for court because there are more trials on the docket than courtrooms available. In addition, problems such as evidence and witness testimony become more obvious to a prosecutor during this phase. Prior to a trial date being set, the prosecutor probably hasn’t looked at the evidence in your case.

First Time DUI in California? Here’s What to Do and What to Expect

Although facts and circumstances in a case are different, one thing is the same: DUI elements. To prove your guilt, the state requires a prosecutor to show that you were:

  • Physically driving a motor vehicle at the time of the stop
  • Under the influence of either alcohol or drugs or had a BAC of .08 percent or higher at the time you were stopped

Any conviction for a first time DUI offense in California has the possible penalties:

  • Three to five years of informal probation (typically three years);
  • Three to nine months in DUI school (generally 3 months)
  • A fine of approximately $1900 (actual amount varies county by county)
  • License suspension for six months (you may receive a restricted license after 30 days)
  • A jail sentence or work release program (in some counties)

Remember, a first offense DUI in California is a misdemeanor crime. In addition, you’re not automatically guilty. Anyone charged with a DUI is entitled to a jury trial and hearing at the DMV before any conviction or penalties are imposed.

At trial, a state prosecutor will present evidence that proves the elements listed above. For example, he or she may present evidence that:

  • You were driving in an intoxicated way
  • Your performance on field sobriety tests were poor
  • You had “objective symptoms of alcohol or drug intoxication.” These symptoms include slurred speech, unsteady walk and bloodshot eyes
  • Your blood or breath test showed you had a BAC at or higher than .08 percent

All the evidence a prosecutor must show to prove your guilt may seem insurmountable. However, this is where the help of a good DUI defense attorney is your best bet. He or she can often get a first-time DUI charge either reduced to a lesser offense or dismissed. When charges are reduced, you may be charged with wet or dry reckless or exhibition of speed. These charges have a lessor penalty than a first DUI.

Clients often have many questions about a first time DUI in California. To help understand some questions you may have, our California DUI defense lawyers have answered the following questions.

1. What are the penalties for a first time DUI in California?

2. Will I lose my driver’s license for a first time DUI California charge?

3. If I’m convicted, will I have a permanent record for a First time DUI?

4. What aggravating factors increase a standard punishment and penalties handed down by a DMV or court for a first time DUI offense?

5. What are the punishments and penalties usually associated with a first time DUI with an injury to a passenger, another driver or pedestrian in California?

6. Can an attorney really assist me in fighting a first time DUI in California?

 

1. What are the penalties for a first time DUI?

One of the main questions that arises for our clients arrested and charged with DUI is what are the typical penalties handed down to a first time DUI offender in California?

Unfortunately, there is no easy way of answering this question because each case is different. Your case may have a unique set of facts that may cause your case to be dismissed. Another client may have a different set of facts that requires a court trial. However, we can give you some insight into the basic framework of what you can expect regarding punishment and penalties.

When convicted of a first-time driving under the influence offense, the penalties generally imposed by the court includes:

  • Three to five year of informal, or summary probation
  • A minimum of six months in county jail
  • Fines of $390 to $1,000 plus penalty assessments for up to $2,000
  • Three month of court approved alcohol and/ or drug education program
  • Suspended license for six month

It’s important to remember that a typical punishment for a first time DUI in California varies by county. However, a first time conviction for DUI includes probation and many of the following conditions.

1. You won’t drive with any measurable amount of alcohol in your blood.

2. You won’t refuse to submit to any chemical test of your breath, blood or, in some cases, your urine, if you’re arrested for a subsequent DUI.

3. You won’t commit any other crimes.

Also, depending on the circumstances, you may receive the following conditions of probation:

1. You must attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings

2. You must participate in the Mothers Against Drunk Driving (MADD) Victim Impact Program in your county

3. In the event that you caused a car accident while you were driving under the influence, you must pay restitution

4. An Ignition Interlock Device (IID) will be installed on all of your vehicles for a maximum of four years. If you are convicted of another DUI in LA, Tulare, Alameda or Sacramento County, then an IID installation is mandatory. However, if the conviction occurs in any other county, IID installation is at the discretion of the judge.

2. Will I lose my driver’s license for a first time DUI California charge?

Your license can be suspended for a first-time DUI arrest in two instances:

  • You’re convicted of DUI in court
  • You lose a DMV hearing or fail to request one within the required 10 days after a DUI arrest

Court Suspension for First-time DUI Offense
When a driver is convicted for the first time of a DUI in California, an automatic six-month license suspension occurs. However, the court does not suspend the license. Instead, once convicted, the presiding judge notifies the DMV. Once the DMV is notified, it imposes the license suspension. Any time a DUI is reduced to a lesser offense, a licenses won’t be suspended by the court.

Administrative License Suspension
The California DMV will try to have your license suspended due to an administrative per se violation (APS).

You have 10 days from the time of your DUI arrest to request a DMV hearing from the California Department of Motor Vehicles. The request allows you to put a temporary hold on the license suspension. However, if you don’t request the hearing, the DMV may choose to automatically proceed with suspending your license.

If you receive an APS hearing, the changes of winning are slim. However, your chances are greatly improved when you have an attorney knowledgeable about representing clients in front of the DMV.

If you have a first offense DUI charge, any licenses suspension is dependent upon:

  • Whether a person had agreed to submit to a chemical test
  • The person did or did not have a BAC 8 percent or higher

In the case you’ve been arrested for a first offense DUI in California and you agreed to submit to a chemical test:

  • You may face only a six-month suspension

You may have the possibility of applying for a restricted licenses about 30 days after the license is suspended. A restricted license allows you to drive to, during and from your job, school or DUI school.

The DMV requires you to file a SR22 form and give it to them to obtain your restricted license. The same procedure is needed to fully reinstate your license after your suspension period is complete. The DMV may require you to maintain your SR22 for at least three years from the date of your license was reinstated.

That is the requirement if you completed the chemical or blood test. However, if you face a first time DUI offense and refused the blood or chemical test, you face tougher penalties. For instance, you face losing your licenses for one year. This is referred to as a license revocation and doesn’t allow you to obtain a restricted license at any time during the revocation.

Once the suspension period is over, you will have to file an SR22 form with the DMV to reinstate your license.

3. If I’m convicted, will I have a permanent record for a First time DUI?

If you’re convicted for the first time DUI in California, it doesn’t have to stay on your permanent record. You can have the conviction expunged.

There are restrictions on who can and cannot expunge a DUI, DWI or any drunk driving conviction. You can receive an expungement as long as you:

1. Were on probation

2. Successfully completed your probation

A DUI expungement is the same as any other type of expungement of a criminal record in the state. It requires a petition being filed with a California court. Once filed, it is reviewed by a judge. The judge has two options: grant or deny the petition. If the judge grants the expungement, you can withdraw your guilty or no contest plea and plead not guilty. The case is then dismissed.

As you may know, there are plenty of benefits to expunging a DUI conviction. Once it is expunged, a prospective employer can’t factor in the DUI when deciding whether or not to higher you. Also, an employer can’t use the DUI conviction not to give you a promotion. In fact, you no longer have to disclose the fact that you were ever convicted of a DUI on any job application.

4. What aggravating factors that increase a standard punishment and penalties handed down by a DMV or court for a first time DUI offense?

Unfortunately, the circumstances and facts surrounding your arrest for DUI will increase your prison or county jail sentence. If you are facing a first-time DUI, any aggravating will increase the penalties you face.

Some of the most common factors includes:

  • A BAC of 0.15 percent or higher in some counties
  • The refusal to take a chemical test
  • An accident cause by you
  • Excessive driving speeds
  • Having a passenger 14 years old or younger in the vehicle (also known as Penal Code 273a child endangerment)
  • Being under age at the time of your DUI arrest

There are some enhanced penalties possible for any of the aggravating factors involved in your arrest. The type of enhanced penalties depend on two things: your criminal history and exact circumstances involved in your DUI arrest. When your criminal history is taken into consideration, an emphasis is made on any prior DUI arrest or conviction.

5. What are the punishments and penalties usually associated with a first time DUI with an injury to a passenger, another driver or pedestrian in California?

It is a misconception that a driver can only be charged with one type of DUI. There are different types of DUIs you can be charged with. In fact, there are different penalties and punishments associated with non-standard first time DUIs in California.

The following is an example of a typical charge of DUI in California referred to as DUI with injury.

A DUI with injury is referred to as a “wobbler” (Vehicle Code 23153 vc). This charge can be a misdemeanor or felony depending on:

  • Facts surrounding your arrest and
  • Your criminal history

If someone other than yourself is injured during an accident caused by your driving under the influence, you are subjected to the following:

  • Misdemeanor DUI with injury
  • A minimum of three years and a maximum of five years of summary probation17
  • Time in county jail (five days to one year)
  • Fines ranging from $390 to $5,000 19
  • Alcohol program ranging from three to 30 months
  • License restriction for one to three years, and paying restitution to all injured parties

Felony DUI with Injury
Penalties for felony DUI with injury includes 16 months to 10 years in a California State Prison. In addition, one to six years in prison depending on:

  • How many people were injured, and how badly they were injured
  • There is a possible “strike” on your record under California’s Three Strike’s Law
  • Fines ranging from $1,015 to $5,000
  • Enrollment in an alcohol or drug program26 for 18 to 30 months
  • Pay restitution to all injured parties,

California does have what’s known as alternative sentencing options. These options are typically available to substitute for prison or county jail time. When these alternatives are given in connection with a first time DUI, they may include:

  • Participation Cal-Trans roadside work
  • Participation in community service
  • Under house arrest or electronic monitoring
  • Live in a sober-living environment
  • Stay in a private or city jail, such as the Hawthorne Jail

Pick your lawyer wisely. Many lawyers who don’t specialize in presenting DUI defense may not know about these sentencing alternatives. If they do, they may not know an effective way to convince either a prosecutor or judge to agree to the alternatives. This is just one of the reasons why it’s vital to hire a DUI defense attorney to defend you in a drunk driving case.

Can an attorney really assist me in fighting a first time DUI in California?

Being arrested for a first-time DUI is definitely scary and disappointing, but it’s not the end of your world or future. The right DUI attorney can sometimes help your resolve your DUI charge without receiving a criminal conviction.

Resolving your DUI charge without a criminal conviction requires one mindset immediately after you’re arrested: act right now. Don’t wait until your first court date before consulting with or hiring a lawyer. The best move to make when you’re charged with a DUI is to hire a lawyer immediately after you’re arrested.

There is a lot that goes into formulating and presenting a DUI defense. Often much of the formulating and investigating of the defense starts hours after your arrest. In order for your attorney to help you and start fighting your DUI case the following must happen:

1. Gather of Evidence:
An experienced DUI criminal attorney knows how to gather and preserve any evidence that would help your defense. For instance, locating and investigating potential witnesses that may support your defense. It may also include seeking any police video of your traffic stop. Also, the attorney may take photographs of the alleged crime scene.

For example, an officer claims she stopped your car because of a broken taillight. However, your attorney can prove that the officer never had a view of the back of your car prior to stopping you. This may prove the dismantling of the prosecutor’s case against you.

2. Conduct Legal Research and File of Motions:
Besides gathering evidence, a good DUI lawyer will also be able to use this evidence as the basis of legal research and motion writing. Legal research and filing motions are a way to support your case. For instance, if the police do not have what’s known as “reasonable suspicion” to stop you while you’re driving, then your attorney can file what’s called a “Motion to Suppress Evidence” Alongside the need to have an attorney gather and analyze the evidence surrounding your case, a good DUI attorney will also then be able to use this evidence as the basis for legal research and motion writing in support of your case (pursuant to California Penal Code 1538.5). This motion is filed and heard in court prior to trial. If the judge agrees, he may dismiss your case.

3. Negotiations:
A good DUI defense lawyer knows that a lot of legal work happens outside of court. So he or she has to do a lot of “fighting”, or negotiating outside of court to get you a good deal. Majority of the DUI cases in the state don’t go to trial. Therefore, it’s important to have an attorney who knows how to negotiate as well as present your case at trial. Often successful negotiations will lead to the prosecutor offering a lesser charge instead of the original DUI charge.

 

What to Do and Expect with a Second DUI in California Charge
In California DUIs are considered a priorable offense. This legal term refers to the fact that the punishment increases with each DUI or wet reckless conviction a driver receives within a 10-year period.

A second DUI isn’t an automatic conviction. For a prosecutor to successful prove you are guilty, he or she must prove that you are guilty beyond a reasonable doubt. The following are the elements, or factors, the prosecutor must prove:

  • You were operating a motor vehicle, and you had a BAC of 0.08 percent or greater at the time you were stopped OR
  • You were driving under the influence of alcohol and/ or drugs at the time of the stop
  • If you are convicted of a second DUI offense, California has typically penalties you may receive such as:
  • Three to five years of summary probation
  • Fines of $390, plus penalty assessments. The fines can total to over $2,000.
  • Approximately 18 to 30 months in a second offender DUI school
  • At least 96 hours in county jail or a maximum of a year in jail. Typically, in California, it 96 hours is a mandatory minimum.

You’re entitled to a jury trial because it is a misdemeanor crime. Also, you have a right to a hearing before the DMV to avoid your license being suspended. At trial, the prosecutor over your case presents evidence to a jury that:

  • You were driving in a way that indicated you were intoxicated
  • You failed to pass at least one of the field sobriety tests you were asked to perform
  • You had specific signs of intoxication like bloodshot eyes, odor of alcohol and slurred speech
  • Your blood or breath test indicated that your BAC was at 0.08 percent or higher

To help you understand many of the questions our clients have about a second DUI charge, our California DUI defense attorneys have answered the following questions:

1. What type of penalties will I face for a second DUI in California?

2. Will I lose my license for a second DUI in California?

3. Is there a chance I will have a permanent criminal record if I’m convicted of a second DUI?

4. Tell me the aggravating factors that may increase the typically penalties handed down by the court and/ or DMV for a second DUI offense?

5. Honestly, can a lawyer really help me fight a second DUI in California charge?

 

1. What type of penalties will I face for a second DUI in California?
This is one of the most common questions we are asked when during an initial consultation. There is no simple answer. We know that the start of the answer often frustrates people, but it is true. Penalties in a second DUI case often varies because each case is different. However, we do tell our clients that there are some typical penalties they can expect if they are convicted of a second DUI in California.

Please note: There are a few things that commonly reduce DUIs to a lesser charge during DUI plea bargaining such as “wet” reckless or dry reckless. However, this article only discusses penalties for DUI conviction.

When a driver is convicted of driving under the influence for the second time, penalties imposed by a court including:

  • Summary probation of three to five years
  • Time in county jail (a minimum of 96 hours to at least one year)
  • Fines include $390 to $1,000 plus roughly an addition $1,000 in penalty assessments
  • Complete court-approved California DUI school (18 to 30 month)
  • License suspension for two years (may be able to obtain a restricted license after one year)

Remember, the typical punishment given by the court a second time DUI in California varies by county where the conviction occurs.

When courts imposes a DUI sentence that includes probation, the following conditions are generally included:

1. You can’t drive with any amount of alcohol in your blood

2. You must submit to a chemical test of your breath, blood or urine, if arrested of another DUI

3. You can’t commit any additional crimes (including a DUI)

In addition, depending on the facts involved in your DUI case, the following condition of probation may be imposed:

1. You must attend Attendance in Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings

2. You must participate in the Mothers Against Drunk Driving (MADD) Victim Impact Program

3. Pay restitution to all injured parties (in the event that you caused an accident while driving under the influence)

4. You must have an Ignition Interlock Device (IID) on any vehicle you own or operate for a maximum of four years. If you are convicted in the Los Angeles, Tulare, Alameda or Sacramento Counties, your IID installation is mandatory. If your conviction occurs in any other county, a judge will decide if an IID installation is warranted.

2. Will I lose my license for a second DUI in California?
The California Department of Motor Vehicles is the only state entity that has the right to suspend any driver’s California driver’s license. It is also the only state entity that has the power to restrict a driver’s license.

 

However, there are two ways that a license can be suspended by the DMV: by the court or DMV.

1. A court conviction of a DUI in California can trigger a license suspension VC 23152 (a) or (b).

2. The second way is if you fail to request a DMV hearing within 10 days of the date of your arrest. You can also lose your license if you lose your license. This suspension is referred to an Administration Per Se or APS Suspension.

The length of a court license suspension is two years if there is a prior DUI conviction. The conviction must be within a 10-year period.

However, the length of the APS suspension is one year with a prior DUI conviction within 10 years. After 90 days, or three months, you can receive a restricted driver’s license. However, you must submit to a chemical test and provide proof that you have an Ignition Interlock Device (IID) on your vehicle. The restricted license allows you to drive anywhere you need to go as long as you have an IID installed on the car you’re operating. The IID is required for one year.

If you’re facing a second DUI offense in California and have refused to submit to a chemical test, you will face a much tougher punishment. You face a license revocation of two years. Also, you do not have the opportunity to receive a restricted license during the revocation period.

California law requires you to have the IID installed for one year. So you should have the device installed as soon as possible. You want to obtain a restricted license by the 91st day of your license suspension.

Finally, prior to obtaining a restricted license, your DMV record should show that your court-ordered license suspension has begun. However, as long as the APS has progressed to the 90th day, the court conviction doesn’t have to run 90 days. This is a confusing, but common occurrence. Ask your DUI defense attorney to explain more.

3. Is there a chance I will have a permanent criminal record if I’m convicted of a second DUI?

Most of our clients who ask this question are scared and disappointed with themselves that they have been charged and convicted with DUI for the second time. We want you to know the same thing we tell our clients, a second DUI conviction doesn’t have to stay on your record forever. You may have the DUI conviction removed from your permanent criminal record via an expungement.

You should be able to expunge the second DUI conviction from your record as long as:

1. You were on probation and

2. Successfully completed probation

A DUI expungement works like many other California criminal record expungements. A petition is filed on your behalf with the court. It is reviewed by a judge. If the judge decides in your favor, you may withdraw your guilty plea or no contest and re-enter a not guilty plea. After you enter the plea, the conviction is deleted from your record.

4. Tell me the aggravating factors that may increase the typically penalties handed down by the court and/or DMV for a second DUI offense?

Certain circumstances that, if present at the time you are charged for your second DUI offense, will increase penalties. These penalties include the length in jail or state prison time.

The most common circumstances to increase your penalties include:

  • A BAC of at least 0.15 percent or higher. It may be less in some California counties
  • Refusal to take a chemical test
  • Causing an accident
  • Being under age at the time of your California DUI offense
  • Driving at an excessive speed
  • Violating Penal Code 273a child endangerment15 (having a child younger than 14 years old in your car at the time of the traffic stop)

The type of enhanced penalty you receive for any of the aggravating factors largely depend on two things: exact circumstances surrounding your DUI arrest and criminal history. The judge will focus on your prior DUI history. In other words, any prior convictions combined with aggravating factors makes the penalties you face harsher

5. Honestly, can a lawyer really help me fight a second DUI in California charge?

A second DUI in California arrest is a daunting challenge, but there is hope. When you hire the right DUI lawyer, he or she will work to get an acquittal or dismissal of the case. Nevertheless, before you can think about your future, you must change your mindset. Don’t delay or waste time worrying about what could happen to you, your family or job. Instead, act immediately. After your second arrest, have a DUI defense attorney investigate the facts of your case.

It’s important to have an attorney start immediately on your case. In fact, creating an effective DUI defense starts within hours of your second arrest. The following are things a good attorney will start doing as soon as you hire him or her to defend you.

1. Collect and Analyze of Evidence:

A good defense lawyer knows how to collect and analyze evidence that will help your defense. For instance, he or she may subpoena witnesses that can offer testimony to support your version of the facts surrounding your arrest. It may also include gathering police evidence such as police video of your traffic stop and any audio recordings. For example, the arresting offer claims that he stopped your car because it did not visible show a front license plate. A good DUI defense lawyer will gather evidence to show that the officer never had a view of the front of your car. This may prove an essential in damaging the prosecutor’s case.

2. Legal Research and Writing:
Besides collecting and analyzing evidence, a good DUI defense lawyer will be able to use the evidence to support your case. For example, if you feel the arresting officer treated you inappropriately or targeted you unfairly, your attorney can file a “Pitchess Motion.” This motion is filed and heard prior to any trial. It allows your DUI criminal lawyer to dig up dirt on the officer’s personnel file. This is an opportunity to obtain more ammunition to help fight your case.

3. Plea Deal:
Any good attorney knows that most of the hard work to defense a case happens outside of the courtroom. Majority of the DUI cases in California are decided outside of court. Thus, it’s vital that you pick a lawyer who is able to settle your case. He or she should know how to negotiate with a prosecutor to get a plea bargain that you are satisfied with. For example, your attorney should be able to negotiate to reduce a DUI charge to a wet or dry reckless charge.

What to Do and Expect with a Third Time DUI In California

In California, DUIs are considered priorable. In other words, the penalties for driving under the influence (DUI) in California increases with each DUI or wet reckless conviction within a 10-year period.1

A third DUI conviction within 10 years have harsher consequences than a first or second DUI conviction in California.

OK. Let’s start with what the state must prove to obtain a conviction. This proof, or DUI elements, include:

You were operating a vehicle

1. You were under the influence of drugs or alcohol OR

2. Your Blood Alcohol Concentration (BAC) level was at 0.08 percent or higher at the time you were stopped

A conviction for a third DUI in California typically includes these penalties:

  • Three to five years of informal probation
  • Between 120 days and one year in county jail
  • Fines of $2,000 and other penalties and assessments
  • Complete a court-approved DUI education program (typically 30 months)

A third DUI in California is a misdemeanor crime. Thus, you have the right to a jury trial to fight the DUI charge. You also have a right to a DMV hearing which determines if your driver’s license should be suspended.

A qualified prosecutor will typically have to present evidence to obtain a win. Generally, evidence includes that you were:

1. Driving in an intoxicated manner

2. You failed at least one of the standardized field sobriety tests such as the walk and turn test or horizontal gaze nystagmus test.

3. Exhibited what’s known as “objective symptoms of intoxication” which includes slurred speech, bloodshot eyes, an unsteady walk and odor of alcohol

4. A blood, breath or urine test that indicated that your BAC was at or higher than 0.08 percent

You may be surprised to know that an experienced and qualified DUI lawyer can get a third DUI reduced. For instance, he or she can negotiate with the prosecutor for you to plead guilty to a lesser offense. A lessor charge often includes a wet or dry reckless or exhibition of speed. He or she may be able to get the DUI charged dismissed.

Many of our clients arrive at their consultations with a lot of questions about their cases. Many of the questions are the same. That’s why our California DUI defense lawyers have written answers to the most common question. We want to provide you as much legal knowledge to help you about your case prior to any consultations. Here are the common questions asked by clients:

1. What are the penalties for a third DUI in California?

2. Is there a change I will lose my license for a third DUI?

3. Will my permanent criminal record reflect a third DUI, if convicted?

4. What aggravating factors can increase typical punishment handed down by the court and/ or DMV for a third DUI?

5. Can a lawyer DUI criminal lawyer help me fight a third DUI charge?

1. What are the penalties for a third DUI in California?
This is usually the first questions asked by our clients. The answer to this question is extremely broad because it depends on various factors. Just because someone has been arrested and charged with DUI for the third time doesn’t mean their case is identical to yours. However, the following section does provide the framework for what anyone charged with a third DUI can expect.

Keep in mind that this answer doesn’t taken into account penalties that result from a reduced or lessor charge. For instance, your lawyer may be able to negotiate a plea deal to reduce a third DUI charge to a lesser offense. Therefore, different penalties would apply. This article only focuses on typical punishment and penalties of DUI convictions.

When convicted of DUI for the third time in California, the following penalties are imposed by the court:

  • Three to five years of informal probation
  • Between 120 days and one year in your local county jail
  • Fines range between $2,500 to $3,000 and penalty assessments
  • Complete court approved DUI education program for 30 months
  • Driver’s license revocation (after 18 months it can be converted to a restricted license)

Keep in mind that the standard sentences imposed for a third DUI in California varies depending on the county where the conviction occurs.

When a court imposes a DUI sentence, which includes probation, the conditions outlined below are generally included7:

  • You can’t drink and drive (which means that you can’t have any measurable amount of alcohol in your blood while driving)
  • You must take a chemical test of your breath, urine or blood, if arrested for another DUI
  • You can’t commit any more crimes (including additional crimes)

Depending on circumstances, the following conditions of probation may be included in your sentence:

  • You must attend Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings
  • You must participate in the program called Mothers Against Drunk Driving (MADD) Victim Impact Program
  • Pay restitution (if you caused an accident while driving under the influence and injured people other than yourself)
  • The Installation of an Ignition Interlock Device (IID) on every car you either own or operate for four years. If your conviction for DUI is in Los Angeles, Tulare, Alameda or Sacramento County, IID is mandatory. It is up to the judge whether you have an IID installed, if the DUI conviction occurs in another county.

2. Is there a change I will lose my license for a third DUI?
An individual arrested for a third DUI in California will face a lengthier license suspension than a first or second DUI offense. In addition, if you’re convicted for a third time, the California Department of Motor Vehicles designates you as a “habitual traffic offender” (HTO). A person arrested for a third time DUI in California will face the threat of a much lengthier suspension of his or her license than the first or second go-around, as well as a Designation as an "habitual traffic offender" (HTO) by the California Department of Motor Vehicles.

A DUI arrest can lead to a suspension of your driver’s license in two ways:

1. A DUI court conviction

OR

2. By losing your DMV hearing (you may also lose your license by failing to request a hearing within 10 days)

In the case of two prior DUI or reckless convictions within a 10-year period, your license is suspended for three years.

An APS suspension is only for one year when you have two prior DUIs within 10 years. However, you can receive a restricted license after 180 days. First, you must take a chemical test. Also, you must show proof that you had an ignition interlock device (IID) installed on your vehicle. A restricted license permits you to drive anywhere as long as the IID is installed on the vehicle you’re driving. These requirements are required for 24 months.

There are different, more severe penalties for a third DUI offense when you refused to take a chemical test during the traffic stop. You face up to a three-year license revocation. In addition, you are not entitled to a restricted license while your license is suspended.

Please note: There is no way to avoid having 24 months of IID installed on your care. Therefore, you should have the IID installed immediately so you can get the restricted license on the 181 day of your license suspension.

Finally, before obtaining a restricted license, make sure your DMV record shows that your cour-ordered license suspension has already begun. However, the suspension by the court does not have to run 180 days as long as the APS suspension has run 180 days.

3. Will my permanent criminal record reflect a third DUI, if convicted?

Fortunately, you have a change to erase a third DUI conviction from your permanent record. It’s called an expungement.

You may be able to expunge your DUI conviction in California under the following circumstances, if:

  • You were placed on probation and you successfully complete the ordered probation
  • A petition must be filed with the court to start the process of a DUI expungement. The petition, once filed, is reviewed by a judge. If the judge rules in your favor, you may withdraw your original no contest or guilty plea then enter a plea of not guilty. With the not guilty plea, the case is typically dismissed.

4. What aggravating factors can increase typical punishment handed down by the court and/ or DMV for a third DUI?

In certain instances, specific circumstances that occur when you’re arrested for your third DUI will increase you prison or jail sentence.

The most common circumstances include

  • A blood alcohol content (BAC) level of 0.15 percent or higher (possibly less in some counties)
  • Refusal to take a chemical test
  • Traffic accident caused by you
  • Violation of Penal Code 273a child endangerment (having children under the age of 14 in the car)
  • Being under the age of 21 years old at the time of your DUI arrest
  • Excessive speeding

Enhanced penalties can increase your sentence. The type of penalty you receive for any of the aggravating factors depends on the following:

  • Your criminal history (this focuses on your prior DUI history)
  • Exact circumstances of your third DUI arrest

Unfortunately, two prior DUI convictions plus any of the two aggravating factors makes your chances of avoiding jail very slim.

5. Can a lawyer DUI criminal lawyer help me fight a third DUI charge?

Just because you’ve been arrested for a third DUI, it doesn’t mean you are automatically convicted. In fact, a third-time DUI arrest in California is a beatable offense when you hire the right attorney. Sometimes the right DUI lawyer can resolve your DUI case with an acquittal or dismissal.

To give yourself the best chance to beat your DUI case, you have to mentally prepare for it. In other words, don’t delay or waste time worrying. Instead, act immediately after your arrest by having a criminal defense lawyer look over the facts of your case.

Many clients don’t know this, but a lot of work to create an effective defense starts within hours after a DUI arrest. Thus, the need to hire a DUI defense attorney to fight your third DUI starts with the following:

Legal Analysis
It’s vital for a qualified DUI lawyer to collect and interpret the evidence in your case. However, a qualified attorney differs from a good attorney. A good DUI defense attorney will know how to utilize the evidence collected and interpreted to build the foundation of your case. In fact, various motions can be filed ranging from a “Motion to Suppress Evidence” to a “Pitchess Motion.” These motions are heard before any court trial starts. When these motions are filed together, it may force the prosecutor to offer you a better deal. If not, the motions may plant the seeds for a not guilty verdict at trial.

Receive the Plea Deal You Want
Another reason to hire a good DUI attorney instead of a qualified one is the art of negotiating a deal. It may be a surprise to find this out, but majority of the DUI cases don’t go to trial. Instead, they are resolved outside of court and sometimes prior to court starting. Therefore, it’s you’re your best interest to hire a lawyer with strong negotiation skills. He or she will be able to negotiate with the prosecutor for a favorable deal that other lawyer may not be able to obtain. For instance, your lawyer may be able to negotiate a third DUI to a reckless charge to avoid going to trial.

Gather Evidence
A great DUI defense attorney will know how to build your defense using evidence gathering techniques. This may include subpoenaing witnesses to help support your defense. Also, it may include obtaining any additional discovery like audio and video recordings taken during your traffic stop. For example, the arresting officer may claim she saw you talking on your cell phone while you were driving. However, your cell phone records shows that you weren’t on the phone during the time in question. This discovery information is critical because it weakens the state’s case against you.