DUI CHARGES : Explained by Pasadena DUI Attorney


dui_pic,jpg
Being arrested for driving under the influence is a serious matter because it can result in the loss of your license, your job, and your freedom. There are numerous potential consequences of a Pasadena DUI conviction, such as increased insurance premiums, points on your license, interlock installation, civil suits, fines, restitution, community service, substance-abuse treatment, probation, and more.

> Learn More about Felony DUI & DUI with Injury

> View the new 2010 DUI Laws

> View a Chart of Criminal and DMV Penalties for First Time and Multiple DUIs

> DUI Classes: View a Complete List of Alcohol and Drug Programs in California

If you have been arrested for a DUI, you will have to appear at a DMV hearing as well as in court. Since the DMV only gives you ten days from the date of your arrest to explain why you should be able to keep your license, hiring an attorney right away can mean the difference between keeping your license and losing it. Most importantly, a good attorney will be able to defend you in court against the criminal charges filed against you. Attorney Ann Gottesman will prepare and assist you with the DMV hearing and aggressively defend your legal rights in court. You may be able to avoid jail, as there are alternative programs available to many defendants.

If you have been arrested for a DUI, call DUI attorney Ann Gottesman for a free consultation. Ann’s main objective is to ensure you keep your driving privileges and your freedom.

The Law Office of Pasadena DUI Lawyer Ann Gottesman offers:
• reasonable fees
• free consultations
• payment plans

CALIFORNIA DUI LAW


Anyone who drives under the influence of alcohol or any drug is in violation of Vehicle Code Section 23152(a). Any person whose blood-alcohol level is at or above 0.08 percent while driving is in violation of Vehicle Code section 23152(b). To be in violation of VC 23152(b), one does not technically have to be under the influence—just having a blood alcohol level of 0.08 or higher is a violation of that statute even if one feels completely sober.

Also, if a person drives under the influence, and at the same time does any act forbidden by law, or neglects to do any duty imposed by law in driving the vehicle, and which act or neglect proximately causes bodily injury to any person other than the driver, that person is in violation of Vehicle Code section 23153(a).

Even if the person feels sober, if he or she was driving with a blood-alcohol level of 0.08 percent or greater and concurrently does any act forbidden by law, or neglects any duty imposed by law in driving the vehicle, and that act or neglect proximately causes bodily injury to any person other than the driver, that person violates Vehicle Code 23153(b).

DUI When Driver Under 21 (Non-Injury): Statutes


NOTE: When reading the statutes below, remember that the tests and equipment used to determine a driver’s alcohol level are sometimes inaccurate and faulty. I always subpoena records to determine if the testing equipment was in proper working order and whether such equipment was calibrated and maintained as required by law.

:: California Vehicle Code § 23136


Blood Alcohol Concentration of .01 or greater; implied consent to testing; failure to submit to or complete testing.

a. Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.

b. A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

c.
1. Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
2. The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
3. The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.

:: California Vehicle Code § 23140


Persons under 21 years of age; blood alcohol concentration of .05 or more.

a. It is unlawful for a person under the age of 21 years who has .05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

b. A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of .05 percent or more, by weight, of alcohol in his or her blood.


PENALTY ENHANCEMENTS (explained by Pasadena Criminal Defense Lawyer)

There are also penalty enhancements that can be charged against a defendant accused of a DUI. Someone who has an excessive blood alcohol level, refuses to submit to a chemical test, is speeding or driving with a passenger under the age of 14, may be charged with an enhancement.

DMV HEARING AND RESTRICTED LICENSE


The only issues discussed at the hearing are:
If you took a blood or breath or (if applicable) a urine test:
  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
  • Were you placed under lawful arrest?
  • Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

If you refused or failed to complete a blood, breath test, or (if applicable) a urine test:
  • Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or, 23153 ?
  • Were you placed under lawful arrest?
  • Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
  • Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?

Current law may permit a driver a renewed right to a hearing within one year of the arrest date when a DUI charge is dismissed or not filed by a District Attorney due to lack of evidence, or filed, but later dismissed by the court because of insufficient evidence.

If you have a non-commercial driver license and you show proof of enrollment in a DUI treatment program, file proof of financial responsibility and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to and from the DUI treatment program and/or to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code §§23136, 13353.1, 13388, 13392.

A Driving Under the Influence (DUI) Program as ordered by the court can be found at this link.

If you have a commercial driver license and you were not operating a commercial vehicle at the time of the offense and pay (on or after January 1, 2003) a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted license to drive to, from, and during work. The reissue fee remains at $100 if you were under age 21 and were suspended under the Zero Tolerance Law pursuant to Vehicle Code sections 23136, 13353.1, 13388, 13392.


BE ADVISED: Any driver with a second DUI offense within 10 years may submit proof of enrollment in a DUI treatment program, proof of financial responsibility and pay a $100.00 reissue fee one year after the effective date of the suspension to drive to and from an alcohol program and to, from, and during work. Any driver with a third or subsequent DUI offense within 10 years is not entitled to apply for any type of restricted license.


HOW LONG WILL I BE SUSPENDED OR REVOKED?


A.) If you took a chemical test, and the results showed a BAC of 0.04% while operating a commercial motor vehicle, or a BAC level of 0.08%or more, your driving privilege will be suspended for:
  • Four months—first offense.
  • One year—one or more separate offenses in ten years.
Court-ordered DUI probation prohibits a person previously convicted of DUI from operating a motor vehicle with any measurable amount of alcohol in the driver’s blood (0.01% BAC).

If you took a PAS or chemical test, and the results showed a BAC level of 0.01% or more, and you were on a court-ordered probation for a prior DUI conviction of CVC §§23152 or 23153, in addition to the APS suspension, DMV will impose a concurrent one-year suspension based on violation of your DUI probation. You are not eligible for a restricted license during the one-year period.

B.) If you refused or failed to complete a PAS or other chemical test, and you were on a court-ordered probation for a DUI conviction of CVC §23152 or 23153, your driving privilege will be:
  • First offense—a one-year suspension, or a two-year revocation if on Los Angeles DUI probation.
  • Second Offense—within 10 years of a separate violation of driving under the influence, will result in a 2-year revocation, or a 3-year revocation while on DUI probation.
  • Three Or More Offenses—within 10 years of any combination of the above violations, convictions or separate administrative determinations will result in a 3-year revocation.

RESTRICTED LICENSE ELIGIBILITY
You may be eligible for a noncommercial restricted driver license if:
  • this is your first offense,** and
  • you completed a chemical test, and
  • the results showed a BAC level of 0.04% while operating a commercial vehicle, or 0.08% or more, and
  • you were 21 years of age or older (VC §13353.7), and
  • your driving privilege is not suspended or revoked for some other reason.

** FIRST OFFENSE. You must not have had another offense within ten years of a separate DUI violation, including a charge reduced to reckless driving, vehicular manslaughter, or violation of CVC §23140, which resulted in a conviction or separate administrative determination that you were driving with a BAC of 0.01% or more while on DUI Probation OR a BAC of 0.08% or more, OR a BAC of 0.04% or more in a commercial vehicle at any age, or you refused a test.

NOTE: Holders of a commercial driver license must down-grade to a class C non-commercial driver license. You may then request the applicable restriction noted below which shall remain in effect for five months. If you were cited in a:
  • noncommercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program, and to/from/during course of employment only.
  • commercial vehicle, you may be eligible for a restriction to drive to/from a DUI treatment program only.

NONCOMMERCIAL RESTRICTED LICENSE
To be issued a noncommercial restricted driver license, you must:
  • enroll in a licensed driving under the influence (DUI) First Offender program. (You must notify the program provider that you intend to apply for a restricted driver license.)
  • ask the program provider to file a Proof of Enrollment Certificate (DL 107) in a licensed DUI First Offender Program with DMV. (CVC §23538[b])
  • file proof of financial responsibility (i.e., a California Insurance Proof Certificate [SR 22], $35,000 cash deposit, surety bond, or self insurer certificate under CVC §16430).
  • pay a $125 reissue fee.
  • wait until the end of the mandatory 30-day suspension period before applying for a restricted DL.
  • request a To/From/During Course of Employment and DUI Program Restriction. Your driving privilege will be restricted to allow you to drive to, from, and during the course of your employment and to and from the DUI program. This restriction is valid for five months.

NOTE: If you enroll and fail to participate or do not complete the DUI program, DMV will suspend your driving privilege for up to four months.

NEW INTERLOCK DEVICE REQUIREMENTS AND GETTING AN IID RESTRICTED LICENSE IN LOS ANGELES

SB 598 and 895 (which became effective July 1, 2010) require IIDs (Interlock Ignition Device) to be installed on ALL vehicles owned or accessible to a person convicted of a DUI, including FIRST OFFENDERS. This is a Pilot Program that is only applicable to DUI convictions in Alameda, Los Angeles, Tulare, and Sacramento counties.

If this is your first DUI conviction and you are in one of the counties listed above, and your conviction is on or after July 1, 2010, the DMV will unfortunately require you to install an Interlock Device on your vehicle if convicted of a DUI in court. This is expensive and a serious inconvenience. This IID requirement does NOT apply to first offense wet or dry reckless convictions. That means if you are able to avoid a DUI conviction in Court and you have no priorable DUI convictions, then you will not be required to get an Interlock Device installed on your vehicle. While this new law is very detrimental and inconvenient to first offenders, it does prove helpful to some drivers, because if an IID restricted license is obtained, the driver will be allowed to drive for any purpose after serving the initial "hard suspension" (which is 30 days for a first offender) and complying with other DMV requirements. Those drivers who are not eligible for an IID restricted license (such as when a driver escapes a DUI conviction in court but loses the DMV), will only be eligible for a "work restricted" license which only allows driving to and from employment, for any work related purpose, and to and from the DUI class. Drivers convicted of more than one DUI within the past 10 years will avoid lengthy "hard" suspensions as a result of the IID law in the pilot counties. Here is how this law works….

  • California Vehicle Section 13352(a)(3) says that when a second time DUI offender gets the IID installed, the driver is then eligible to apply for an IID restricted license after 90 days, (instead of having to wait 12 months) unless defendant was found by the Court to be under the influence of a drug.
  • California Vehicle Section 13352(a)(5) says that when a third time DUI offender gets the IID installed, the driver is then eligible to apply for an IID restricted license after 6 months, (instead of having to wait 2 years!) unless defendant was found by the Court to be under the influence of a drug.
  • California Vehicle Section 13353.3(2)(B) says that multiple offenders who receive an APS suspension for having an excessive BAC and who are also convicted for a DUI (VC 23152) arising from the same incident, may have the APS suspension terminated if they obtain an IID restricted license pursuant to CVS Sections 13352(a)(3) or (5).
  • California Vehicle Section 23700 requires the DMV to maintain this pilot program from July 1, 2010 through January 1, 2016 in Alameda, Los Angeles, Sacramento, and Tulare counties, requiring ignition interlock devices for all vehicles owned or operated by DUI offenders. The duration period for the device is as follows:

For CVC § 23152 convictions (DUI without injury):
  1. First offense 5 months 12 months
  2. Second offense 12 months 24 months
  3. Third offense 24 months 36 months
  4. Fourth or more offense 36 months 48 months

CVC § 23153 conviction (DUI with injury):
  • First offense 12 month
  • Second offense 24 months
  • Third offense 36 months
  • Fourth or more offense 48 months

According to CVC § 23700(a)(3), these IID requirements are issued and monitored by the DMV once the abstract of conviction is received, and the DMV requires verification before a driver’s license will be issued, reissued, or returned to the licensee after a suspension or revocation of that person’s driving privilege. There are a few exemptions that convicted drivers may seek with the DMV within 30 days of receiving the IID Order. CVC § 23700(a)(8) has a complete list of these exemptions which are shown below.

CVC § 23700(a)(8): IID EXEMPTIONS
  • “(8) A person who is notified by the department, pursuant to this subdivision, is exempt from the requirements of this subdivision if within 30 days of the notification, the person certifies to the department all of the following:
  • (A) The person does not own a vehicle.
  • (B) The person does not have access to a vehicle at his or her residence.
  • (C) The person no longer has access to the vehicle being driven by the person at the time he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in this subdivision.
  • (D) The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with a functioning ignition interlock device.
  • (E) The person acknowledges that he or she is required to have a valid driver’s license before he or she can drive.
  • (F) The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.”

California DUI law has changed during the past two years and more new changes will become effective January 1, 2012. If you are concerned about a DUI charge that you or a loved one are facing, it is important to contact a skilled attorney at the earliest time possible. Pasadena DUI defense lawyer Ann Gottesman is here to answer your questions and concerns if you are facing DUI charges in Pasadena area or surrounding Los Angeles county.

GETTING PROBATION IN LOS ANGELES


Depending on the facts of the case, most DUI offenses can be charged as a misdemeanor or a felony. If it is your first DUI, you will most likely be charged with a misdemeanor and be able to get probation with work release or community service instead of jail. In most states, probation is limited to 5 years.

Drunk driving cases are very complex and require special expertise and knowledge. DUI defense attorney Ann Gottesman has successfully represented many people charged with DUI offenses and is eager to aggressively represent you in court and with the DMV.

Call Pasadena DUI Attorney Ann toll-free today for a FREE consultation:
(877) 3-LAW-NOW
(877) 352-9669

Links about DUI Defense: Pasadena:

Pasadena DUI charges
Pasadena Criminal Defense Lawyer
Pasadena DUI Attorney: Ann Gottesman
Los Angeles Criminal Defense Lawyer
Pasadena DUI Attorney