Traffic Law

Generally, a defendant who is arrested for driving under the influence (“DUI”) in California is charged with violating two different California statutes: 1) California Vehicle Code Section 23152 (a) (driving under the influence of alcohol); and 2) California Vehicle Code Section 23152 (b) (driving with .08% or higher blood-alcohol concentration). A defendant may be convicted of both offenses, but can onlypunished for one (the penalties are identical).

The penalties for a California DUI conviction include both court-issued and California Department of Motor Vehicle-issued (“DMV”) penalties. A California DUI defendant can face license suspension, fines, court fees, imprisonment, mandatory community service, installation of an ignition interlock device and/or participation in mandatory alcohol abuse programs.

Under California law, a first offense is punishable by imprisonment from a minimum of four days up to a maximum of six months. The court also issues a fine and mandatory assessments, which, depending upon the jurisdiction, may total up to $1,500. Additionally, most courts require the defendant to attend a DUI school for a period of three months. Some courts may also require community service, installation of an ignition interlock device in your vehicle, or attendance at alcoholic and addiction support meetings. The typical period of probation (which is informal in most cases) is three years.

If the prosecutor can prove certain “enhancements”, California law requires penalties that are more severe than those outlined above. Some examples of “enhancements” are: having one or more prior convictions in the previous ten years, having a child under the age of 14 in the vehicle, refusing to submit to chemical testing and exceeding the speed limit by more than 20 mph on surface roads or 30 mph on freeways.

One or two prior convictions results in increased jail sentences and longer driver’s license suspensions, while three or more prior convictions reclassifies the crime to a felony, punishable by confinement in state prison. The speed enhancement carries a minimum 60-day jail sentence. If the defendant refuses to submit to chemical testing, the defendant’s driver’s license is suspended for one year, and the defendant is precluded from obtaining a work-restricted driver’s license.

Typically, the California Department of Motor Vehicles will suspend the license of a person who has been charged with a California DUI for a period of four months. In certain cases, however, this may be reduced to 30 days, followed by five months of a work-restricted license if the defendant submits proof of insurance and enrollment in a state-approved DUI school.

The California DMV hearing is a critical part of a California DUI case. A California DUI defendant must contact the DMV and schedule a hearing within 10 days of the defendant’s arrest in order to avoid automatic license suspension.

California DMV hearings are conducted at the DMV’s Drivers Safety Office. They are presided over by a DMV employee (referred to as “Hearing Officers”). This hearing is often very complex and highly technical in nature. The primary function of the hearing is to determine whether the defendant was driving with a blood alcohol concentration of .08% or higher. Accordingly, chemical and/or breathalyzer test results play a significant role.

Essentially, when a defendant seeks to remove (“expunge”) a California DUI from his or her criminalrecord, the defendant withdraws the plea of guilty or no contest to the California DUI charge, and thecourt then dismisses the defendant’s case. For all intents and purposes, the defendant will no longer have a DUI on his or her criminal record. It should be noted, however, that a defendant’s prior DUI conviction will be accessible if the defendant is charged withanother DUI in the future.