DUI/DWI
Under California State law a DUI (Driving Under the Influence of alcohol or drugs) a sentence of up to six months in the county jail can be imposed for a first offense. In California, you are presumed to be under the influence if a blood test taken within three hours of driving indicates a blood alcohol level of .08 or above. Driving under the influence of drugs is more subjective and depends on an arresting officer's opinion that the driver was "under the influence of a drug" at the time of driving.
A second conviction in ten years can result in a one year maximum jail sentence. A third offense in ten years can result in a minimum 120 day jail sentence up to one year in jail. A fourth and subsequent conviction within ten years can be charged as a felony and result in a state prison sentence of up to three years.
NEW LAW WARNING!!! As of July 1, 2010, persons convicted of driving under the influence in Los Angeles County will be required to install an ignition interlock device in their car. First offenders will have to keep the device for five months, second offenders for a year and third offenders for two years. The dashboard mounted device tests the driver's breath for alcohol before the car will start.
Although many people refer to DUI [23152(a) and 23152(b) of the vehicle code]as "drunk driving," most people who are arrested would not normally be considered "drunk." Although it varies based upon a person's weight, a person can reach a .08 blood alcohol level after only two drinks. (Source: 2008 California Driver's Handbook, pg. 69, find at www.dmv.ca.gov/pubs/dl600.pdf)
Someone arrested for DUI cannot only be prosecuted in a criminal law case in a criminal court, but also will face administrative suspension of his or her privilege to drive by the California Department of Motor Vehicles (DMV). After an arrest, an arrestee has only ten days to notify the DMV and request an administrative hearing to contest the suspension.
This administrative action by the DMV is completely independent of what happens in the criminal law court. The arrested party has a right to have legal counsel present at the DMV hearing. Experienced legal counsel will know how to raise any legal challenges to the DMV action. These include challenges to the legality of the traffic stop, the accuracy of the blood alcohol test, whether the test was administered within three hours of driving and whether in fact driving can be proved, among others. A successful challenge to the DMV administrative suspension results in the full and complete restoration of driving privileges.
A first offense the DMV suspension shall last for for 4 months. A first refusal to give a breath or blood test is even worse and will result in a suspension for one year. However, on a first arrest where a test was provided the arrested party not wishing to contest the suspension can convert the last three months of the suspension into a five month restriction by enrolling in a first offender program, paying a license re-issue fee, and showing proof of insurance to the DMV. The first thirty days of suspension cannot be avoided absent a successful administrative challenge.
Other questions regarding DMV consequences can be answered by calling Long Beach criminal defense attorney, Matthew G. Kaestner directly at (562) 437-0200 or visit the DMV's website at the links below.
In addition to jail time and the above DMV consequences, most DUI convictions will lead to prosecution in a criminal law court. Upon a first conviction within ten years, California law requires the following minimum sentence. That minimum sentence is 3 years of summary probation, fines and fees totaling approximately $1500, and attendance at a 90 day first offender DUI program. Increased penalties for second and third offenses within a 10 year period include longer programs and license suspensions, revocations and possible vehicle seizure. A fourth conviction in ten years is a felony that can result in state prison.
A criminal law attorney with substantial experience handling DUI cases can help you determine if there is a defense to a DUI case. An experienced criminal law lawyer can defend both in the criminal court and before the DMV.
Criminal law specialist Matthew G. Kaestner has successfully defended many persons charged with DUI and has handled DUI cases for over 20 years. Mr Kaestner once obtained the reversal of a administrative suspension in a case where the police contacted a sleeping motorist on the side of the road and arrested him for DUI even though the officer saw no driving.
In another case, Mr. Kaestner was successful in raising the accuracy of the breathalizer result even though there was a breath reading of .08. Most persons and many attorneys don't realize that even a functioning breath machine has an error rate of plus or minus ten percent.
Few persons understand what constitutes an illegal traffic stop. However, a DMV action, and criminal case can be dismissed if the stop violated certain search and seizure principles.
However, most district attorneys and city prosecutors will file a criminal law case even if the stop of the motorist violated search and seizure principles.
A criminal law specialist can identify and challenge an illegal arrest, and find those flaws in the prosecution’s case that can get a case dismissed. Also, a criminal law attorney can avoid the client making any court appearances. Oftentimes, a client's case can be handled discreetly and with no need for a court appearance. Thus, a criminal law attorney can help you avoid embarrassment and missed work.
For further information concerning your rights when arrested for DUI, please contact Long Beach Criminal Law Specialist Matthew G. Kaestner directly at (562) 437-0200.
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Long Beach criminal law attorney Matthew Kaestner, has been handling DUI cases for over 23 years. If you need help now on a DUI case for yourself or someone you know, please call Mr. Kaestner directly at (562) 437-0200. What follows is a brief overview of DUI law and procedure in California.
Under California State law a DUI (Driving Under the Influence of alcohol or drugs) a sentence of up to six months in the county jail can be imposed for a first offense. In California, you are presumed to be under the influence if a blood test taken within three hours of driving indicates a blood alcohol level of .08 or above. Driving under the influence of drugs is more subjective and depends on an arresting officer's opinion that the driver was "under the influence of a drug" at the time of driving.
A second conviction in ten years can result in a one year maximum jail sentence. A third offense in ten years can result in a minimum 120 day jail sentence up to one year in jail. A fourth and subsequent arrest within ten years can be charged as a felony and can result in a state prison sentence of up to three years.
Although many people refer to DUI [23152(a) and 23152(b) of the California Vehicle Code]as "drunk driving," most people who are arrested would not normally be considered "drunk." Although it varies based upon a person's weight, a person can reach a .08 blood alcohol level after only two drinks. (Source: 2008 California Driver's Handbook, pg. 69, find at www.dmv.ca.gov/ pubs/dl600.pdf
Someone arrested for DUI cannot only be prosecuted in a criminal law case in a criminal court, but also will face administrative suspension of his or her privilege to drive by the California Department of Motor Vehicles (DMV). After an arrest, an arrestee has only ten days to notify the DMV and request an administrative hearing to contest the suspension. Otherwise the suspension is automatic.
This administrative action by the DMV is completely independent of what happens in the criminal law court. The arrested party has a right to have legal counsel present at the DMV hearing. Experienced legal counsel will know how to raise any legal challenges to the the DMV action. These include challenges to the legality of the traffic stop, the accuracy of the blood alcohol test, whether the test was administered within three hours of driving and whether in fact driving can be proved, among others. A successful challenge to the DMV administrative suspension results in the full and complete restoration of driving privileges.
Upon a first offense the DMV suspension will last for for 4 months. A first refusal to give a breath or blood test is even worse and will result in a suspension for one year. However, on a first arrest where a test was provided the arrested party not wishing to contest the suspension can convert the last three months of the suspension into a five month restriction by enrolling in a first offender program, paying a license re-issue fee, and showing proof of insurance to the DMV. The first thirty days of suspension cannot be avoided absent a successful administrative challenge.
Other questions regarding DMV consequences can be answered by calling Long Beach criminal law lawyer Matthew G. Kaestner or by going to the California DMV's web site at: www.dmv.ca.gov/pubs/brochures/fast-facts/ffdl26.htm or at
www.dmv.ca.gov/dl/driversafety/dsadminhearing.htm
In addition to jail time and the above DMV consequences, most DUI convictions will lead to prosecution in a criminal law court. Upon a first conviction within ten years, California law requires the following minimum sentence. That minimum sentence is 3 years of summary probation, fines and fees totaling approximately $1500, and attendance at a 90 day first offender DUI program. Increased penalties for second and third offenses within a 10 year period include longer programs and license suspensions, revocations and possible vehicle seizure. A fourth conviction in ten years is a felony that can result in state prison.
A criminal law attorney with substantial experience handling DUI cases can help you determine if there is a defense to a DUI case. An experienced criminal law lawyer can defend you both in the criminal court and before the DMV.
Criminal law specialist Matthew G. Kaestner has successfully defended many persons charged with DUI and has handled DUI cases for over 23 years. Mr Kaestner's successes handling DUI cases includes obtaining the reversal of a administrative suspension in a case where the police contacted a sleeping motorist on the side of the road and arrested him for DUI even though the officer saw no driving. Mr. Kaestner successfully argued to the DMV hearing officer that their was insufficient evidence that the breath test was administered within three hours of driving.
In another case, Mr. Kaestner was successful in raising the accuracy of the breathalizer result even though there was a breath reading of .08. Most persons and many attorneys don't realize that even a functioning breath machine has an error rate of plus or minus ten percent.
Even fewer persons understand what constitutes an illegal traffic stop. However, a DMV action, and criminal case can be dismissed if the traffic stop of the client's vehicle violated certain search and seizure principles. However, most district attorneys and city prosecutors will file a criminal law cases even if the stop of the motorist violated search and seizure principles.
An experienced criminal law specialist will have the proven training and experience to identify and challenge an illegal arrest, and find those flaws in the prosecution�??s case that can get a case dismissed. Experienced counsel will use the law to help avoid any court appearance by the client. Thus, a criminal law attorney can help you avoid the embarrassment and missed work that might otherwise follow a DUI arrest and prosecution.
For further information concerning your rights when arrested for DUI, please contact Long Beach Criminal Law Specialist Matthew G. Kaestner directly at (562) 437-0200.
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California Law makes it a misdemeanor punishable by imprisonment for up to six months to drive under the influence of alcohol or drugs or to drive with more than .08 percent of alcohol in the blood. A second offense within ten years can be punished by up to one year in jail. Although most persons refer to the charge as "drunk driving," many persons arrested are not drunk.
California Law allows for a person arrested for driving under the influence to be charged in a criminal law court and also suffer an administrative action by the Department of Motor Vehicles (DMV). After an arrest, the arrested person has only ten days to contact the DMV and request a hearing to challenge the suspension by the DMV. An accused has the right to have an attorney present at the DMV hearing to raise any legal challenges that may exist to the DMV action.
On a first offense the DMV will suspend a driver’s license for 4 months. If they allege a refusal to give a breath or blood test at the time of arrest, a license can be suspended for one year.
In addition to DMV consequences, most DUI arrests will result in prosecution in a criminal court. If convicted of DUI, as a first offender, California law requires a mandatory minimum sentence. That minimum sentence is 3 years of informal probation, fines of approximately $1400, and completion of a 90 day alcohol program. There are increased minimum penalties for second and third offenses within a 10 year period. A fourth offense within ten years is a felony.
An experienced criminal law attorney can determine if you have a defense to the charge of DUI and defend you before both the DMV and the criminal court. The defenses to the charge include challenges to the accuracy of a blood or breath test, whether driving occurred, and whether the police lawfully stopped the vehicle.
There are cases where the police contact a sleeping motorist on the side of the road and arrest for DUI even if the officer saw no driving. Most prosecutors will file a charge of DUI even if there was a breath reading of .08, despite the fact that a properly functioning breath testing machine has an error rate of plus or minus ten percent. Prosecutors will almost always file criminal charges even if the officer illegally stopped the motorist.
A criminal law specialist can identify and challenge an illegal arrest, or any flaws with the prosecution’s case. Also, an attorney can make all court appearances for you so that you can avoid the embarrassment and missed work time involved in going to Court.
For further explanation regarding your rights regarding a DUI arrest you can contact Long Beach Criminal Law Specialist Matthew G. Kaestner directly at (562) 437-0200.
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Long Beach's Criminal Law Specialist Matthew G. Kaestner is a criminal law attorney with over 23 years experience in all types of criminal law cases, including narcotics offenses, murder charges, white collar offenses, all felonies, DUI, domestic offenses, battery, and other serious criminal law matters.
Helpful DMV Links
- The DMV on DUI Arrests: www.dmv.ca.gov/dl/driversafety/dsalcohol.htm
- The DMV on the Administrative Hearing: www.dmv.ca.gov/dl/driversafety/dsadminhearing.htm
- The DMV on Administrative Hearings vs. Criminal Court Trials: http://www.dmv.ca.gov/dl/driversafety/dsadminvscriminal.htm
