Drunk Driving (DUI / DWI)

The penalties for driving under the influence (DUI) of alcohol or drugs are quite strict in California. There is a range of possible sentences, and the possible outcomes for DUI offenses are rather complex. If you have been arrested for or charged with a DUI offense, it's in your best interest to retain the counsel of an attorney who has experience with DUI defense and with the local prosecutors and judiciary.

 

The attorneys of the Law Offices of Grech & Firetag are highly experienced DUI lawyers who can help you. Contact us today for a complimentary consultation, and we will explain your legal rights and options to you.
DUI Offenses

In California, a first conviction for driving under the influence of alcohol or drugs is punishable as a misdemeanor. If a person suffers injury as a result of drunk or drugged driving, a felony may be charged. If a death is the result of drunk/drugged driving, vehicular manslaughter or second degree murder charges are possible.

Misdemeanor DUI
California's Vehicle Code sections 23152 (a) and (b) provide two basic misdemeanor offenses:

 

• 23152(a) makes it a misdemeanor to drive under the influence of alcohol and/or drugs
• 23152(b) makes it a misdemeanor to drive with .08% or more of alcohol in your blood

 

As you can see, these two sections overlap in meaning. An individual could be charged with violating both sections, but the punishment received will be for violating just one section. A conviction for a misdemeanor DUI can result in a jail (but not prison) sentence and a fine of up to $1,000.  Additional penalty assessments imposed by the courts can result in fines in excess of $4,000.00.

Felony DUI
A fourth arrest within 10 years of three convictions for driving under the influence can be charged as a felony.  Also, an arrest for driving under the influence where injuries have been caused may be charged as a felony even without any prior convictions.  The existence of serious or great bodily injury may add an additional three (3) years to the sentence.

Vehicular Manslaughter
When a death is the result of driving under the influence, California law permits the filing of charges alleging Manslaughter and Murder.

The Consequences of Being Convicted of a DUI Offense
In addition to jail or prison time, the consequences of being convicted of a DUI offense include:

 

• License suspension, restriction, or revocation
• Fine(s), penalty assessment and restitution
• Drinking and driving treatment or counseling
• Impoundment or forfeiture of vehicle
• An ignition interlock device requirement on the vehicle
• Probation
• Jail/Prison time

 

Special Information Regarding the Department of Motor Vehicles

Many people assume wrongly when they are arrested for a DUI or DUI-related offense that the only thing they have to do is go to Court and appear before the judge.  In fact, there are two competing government agencies you will have to deal with: the Court and the DMV.   When a person is arrested for a DUI, that individual must request a hearing within 10 days of the arrest.   If you do not request the hearing within 10 days, the DMV will automatically suspend your license with no further notice to you until it is too late. 

 

The DMV hearings are also stacked against the person accused.   The DMV officer who conducts the hearing acts as both a prosecutor and as a judge. The DMV only has to show by preponderance of the evidence that a person's blood alcohol level was 0.08 percent or higher at the time of driving and doesn’t even need to show that the driver was under the influence.   The DMV does not need the officer to testify; it can rely on the police report alone.    In order to successfully win at a DMV hearing, you need an attorney who understands how these hearings operate and who will carefully review the police report to expose the weaknesses in the DMV’s case.

 

Don't let the worst happen to you. An experienced and skillful DUI lawyer can get the penalties for DUI reduced or even eliminated in some cases. If you've been arrested for or charged with a DUI, contact the Law Offices of Grech & Firetag immediately for aggressive and knowledgeable representation.