July 4^th DUI in California?

DUIs Increase, Tragedy in Oceanside, and What to Do

Are you wondering what to do if your Independence Day celebrations are now threatening your independence? If you found yourself in handcuffs after drinking and driving during the July 4^th weekend in California, you’re not alone.

For many Americans, Independence Day is synonymous with indulgence, including eating 150 million hotdogs and spending a whopping $3 billion on beer and wine. Combine over $3 billion in alcoholic drinks with the number of people who decided to travel over 50 miles from home for a celebration: 50.7 million, and it’s a recipe for trouble.

Unfortunately, not everyone was able to find a designated driver, cab, Uber, or Lyft in Southern California when they needed one this past holiday weekend.

And the California Highway Patrol (“CHP”) and police departments were out in force, focusing on distracted, reckless, or drunk driving in a weekend long “maximum enforcement” campaign.

As a result, drunk driving accidents and charges were in abundance this holiday season – more so than has been the trend from recent years.

July is the Most Dangerous Month for Car Travel

Over the four-day weekend, the CHP arrested 1,224 people for driving under the influence on California roads and highways, according to ABC 10. What does that number of statewide California 4^th of July DUIs mean? It means that more people were arrested for DUI and drug DUI this year than the agency arrested in the past two years.

When the increase of travelers crowd the highways for social engagements, and possibly some who have had a few too many drinks, the Fourth of July weekend earns the distinction of one of the most dangerous times to be on the road.

This has resulted in many newspapers and websites trying to help drivers discover the safest and best time to travel for the Fourth of July holiday.

“July Fourth is a holiday where people are off work, out of school, and they may be celebrating with alcohol,” Russ Rader, the senior vice president of communications at the Insurance Institute for Highway Safety (“IIHS”) told Today. “And alcohol use sharply increases the risk of crashes.”

This makes July one of the most dangerous months to be on the road, with more people dying in drunk driving crashes than any other month of the year, according to Today.

Nearly 70 people died in car crashes over the 4^th of July holiday weekend across California, according to ABC 10.

The “National Highway Traffic Safety Association found that between 2007 and 2011, 40 percent of all the highway deaths that occurred were the result of drunk drivers over the Fourth of July weekend. July 3rd was also in the list of the top 10 deadliest days to be on the roads because of drivers being under the influence,” according to alcohol.org.

The IIHS notes that car crashes taking place on or during the Independence Day holiday claim an average of 118.4 lives every year, particularly since binge drinking around the Fourth of July makes the occasion “one of the most consistently deadly days of the year.” The organization emphasizes that this increased risk not only applies to those who drive drunk, but also other drivers and pedestrians.

This rise in DUI arrests this year is concerning to the CHP, Officer Mike Salas told MSN. Therefore, the CHP is currently focusing on educating people that even one drink can put others, yourself, and your freedom to drive at risk.

Tragedy in Oceanside

It’s sometimes hard to believe that tragedies can occur in our own backyards, but unfortunately one did occur here in Southern California this 4^th.

A 20-year-old Camp Pendleton Marine, Edward Minot Jr. with the 1^st Maintenance Battalion, was arrested on suspicion of driving under the influence and vehicular manslaughter that killed 12-year-old Santiago Gaspar in Oceanside on the 4^th of July.

The two-car crash that took place around 11 p.m. on Surfrider Way and North Myers Street occurred shortly after Oceanside Police attempted to pull over Minot, who was driving without headlights on. He failed to stop, instead speeding up to a high rate of speed before striking the vehicle within which Gaspar, his six-year-old brother, and an adult driver were in. The driver and Gaspar’s brother were taken to the hospital with non-life-threatening injuries.

One woman who lives near the crash site said the accident sounded like a bomb. Minot, who suffered non-life-threatening injuries was placed under arrest at the hospital.

While the investigation is ongoing, police suspect alcohol and speed factored into the crash.

DUI Charges in Southern California

Statistically, a vast majority of those arrested for suspicion of DUI are first time offenders. After the initial shock fades, the real work begins. There are a host of legal, practical, and financial issues you need to tackle if you were arrested under suspicion of DUI on the 4^th of July in California.

Your first move should be to find the best DUI attorney in Southern California. Professional DUI attorneys can find all the weaknesses in the case against you, bolster the strengths in your case, and help you navigate the complex legal system. It’s important to have professionals in your corner who understand what you’re going through and have been successfully defending DUI clients in California for decades.

Talk to a Defense Attorney

At the Law Offices of Taylor & Taylor, we offer a free, no obligation consultation with one of our expert DUI attorneys. Everything you share with us is protected by the attorney client relationship, so we can freely discuss your DUI case, evaluate it, and discuss your options.

Schedule a free consultation with one of our expert California DUI attorneys here.

What to learn more about California DUI defense and Southern California DUIs? Find more articles on our blog, updated regularly!

A DUI on the Fourth of July

The first large 4^th of July party happened in 1777, exactly one year after American independence. It was a day of spontaneous merriment, with fireworks, bonfires, lit candles in windows and gatherings in the streets of Philadelphia, according to Military.com. In those days people could celebrate to their heart’s content without the legal repercussions now associated with transportation.

The modern 4^th of July holiday is largely the same in spirit, but with family, tradition, and parties now intertwined. It’s a time of celebration and reconnection with family and friends. The Fourth of July is about barbeques, quality time with loved ones, and usually a few drinks. But those alcoholic beverages can sometimes spell big trouble once the celebrations end. And the beautiful and patriotic display of red and blue fireworks can easily transition to the unnerving view of red and blue lights in your rearview mirror.

California law enforcement officers this year had heightened awareness around July 4^th, particularly thanks to the planned statewide California Highway Patrol (“CHP”) DUI crackdown across California and the 44 deaths on California highways during the 2022 Fourth of July weekend.

2022 and 2021 saw nearly 1,000 motorists arrested on suspicion of DUI statewide, according to Patch.

California Highway Patrol officers were told to take a “zero-tolerance approach to any roadway actions that put other drivers at risk,” CHP Commissioner Sean Duryee told Patch.

Fourth of July weekend DUI arrests are a concerted effort across California, with sheriff’s departments and municipal police departments in all counties, including Orange County communities like Huntington Beach and Newport Beach and Los Angeles County helping to carry out targeted patrols to find DUI suspects.

4^th of July DUI Checkpoints in Orange County, California

 

There were a total of 19 DUI checkpoints in Orange County for July 4^th in communities like Santa Ana, Orange, Costa Mesa, Irvine, Huntington Beach, Buena Park, Anaheim, and Garden Grove this year. Most began in the early evening and extended until around 2 a.m., attempting to snag drunk driving arrests in Orange County.

It’s important to know that your rights don’t fly out the window when you have to roll it down at a DUI checkpoint and speak with an officer. California officers are trained on the physical signs of driving drunk in Orange County, but they are particularly keen to catch drunk drivers leaving holiday celebrations, and especially at DUI checkpoints.

This can lead to faulty arrests stemming from symptoms from medical conditions being mistaken for intoxication.

For example, the very same symptoms of hypoglycemia can mimic that of drug or alcohol intoxication and lead to you being arrested for drunk driving suspicion in California. Although you may not be driving under the influence, an officer may mistakenly believe you are. These similar symptoms include: confusion, sleepiness, nervousness, slurred speech, and swaying while standing or the inability to maintain balance while walking.

Bacterial or viral infections can also appear to be alcohol or drug intoxication, as can reactions to certain medications, epilepsy, or brain injuries.

Even the stomach acid from gastroesophageal reflux disease and the use of inhaled asthma medications can throw off breathalyzer readings and make someone perfectly innocent appear suspicious to Long Beach police or result in a mistaken DUI arrest in Orange County.

The Law Offices of Taylor & Taylor have incredibly experienced Orange County and Los Angeles County DUI defense attorneys ready to strategize your case and come to your defense when you’ve been wrongly charged with a DUI in either county.

You Deserve Quality Defense of Your California DUI or California Drug DUI Charges

Whether you were pulled over for a DUI in Orange, LA, Riverside, or San Diego County, the consequences of a California DUI conviction are costly to your financial and psychological health. If convicted, these penalties can be both short and long term, including an increase in car insurance rates, revocation or suspension of your driver’s license, the costly installation of an ignition interlock device, professional license suspension or revocation like a CDL license in California or a pilot’s license, and even your captain’s license (although not automatic after the first offense).

 If you ever have any interest in visiting Canada, our northern neighbors don’t take kindly to DUI convictions and can block you from entry. A California DUI conviction without proper legal representation can even end your military career (sometimes before it even begins) and create issues with immigration status, preventing you from gaining permanent US citizenship and forcing you to face possible deportation.

At the Law Offices of Taylor & Taylor, our attorneys have specialized in DUI law and know the intricacies created by precedent, the gray areas; we can quickly assess the weaknesses and strengths of a case, and whether your civil liberties have been violated. Every single step we take with your case is built upon the cornerstone of experience, immersive legal knowledge, and caring about the best possible outcomes for our clients.

Our experienced California DUI attorneys know the law, how best to negotiate with prosecutors, and help you get the best outcomes so you can continue with your life and leave California DUI charges in your rearview mirror.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

First-Time DUI?

Here’s A Guide to Finding the Best DUI Attorney for Your Needs

Hunting for a DUI lawyer? Needing a DUI accident attorney? Your first instinct would probably lead you to do a Google search—which could lead down a long rabbit hole. Instead, we’ll make it easier for you and answer your most pressing questions in this blog post…

Finding the Best DUI Attorney for Your Needs

The unthinkable happened. You or your loved one were arrested and charged with your first DUI in California.

An onslaught of questions is swimming through your head: Should I get a lawyer for my first DUI? Is getting a lawyer for a DUI worth it? How do I find the best DUI lawyer near me? How much does a DUI lawyer cost? And what questions should I ask a lawyer about DUI?

Don’t panic. We’ll go through each of these questions to help you understand the steps you need to take if you or a loved one has been charged with DUI, especially steps you need to take to find a DUI lawyer in Southern California.  

Should I Get a Lawyer for My First DUI?

First, a word of caution: While it might be tempting to go it alone since some first offenders just want to plead guilty and get it over with (you don’t legally need an attorney to plead guilty for a DUI), going to court for DUI without a lawyer puts you at the mercy of a court system that is determined to make an example of you. Because your priorities may be to wrap up the DUI process as quickly as possible, you might overlook other important aspects of the DUI process. You can’t count on prosecutors being merciful if you don’t have a good DUI lawyer or DUI felony lawyer, even if it’s your first offense and you have no previous record.

Most people who get DUIs are first-time offenders, so this by no means gives you an edge. No matter where you are in Southern California, it is important to find a good DUI lawyer. It is never wise to step into a court room, or even attempt to navigate the court system, without legal representation.

Is Getting a Lawyer for DUI Worth It?

When asking yourself the question, “Is getting a lawyer for DUI worth it?” we advise you to ask yourself another question: “How important is my future?”

DUI charges are serious, particularly DUI charges in California. The ramifications can be far reaching and lasting, impacting areas of your life like employment, transportation (if your license is suspended), probation and possible jail time.

While on the surface, representation by the best DUI lawyer can seem costly, consider what lost employment can mean to your immediate future. Not only does lost employment equate to loss of wages, but it also creates a loss of independence—you will now be depending on others to get places, or paying for costly Uber rides for months, if not years, of your life.

Here are specific ways that having a DUI defense attorney in Riverside County; DUI defense attorney in LA County; DUI defense attorney in Orange County; or DUI defense attorney in San Diego can help.

Remember: You are paying for their wealth of knowledge and ability to adeptly maneuver through the legal system with your rights top-of-mind.

Ways having a DUI Defense attorney in California can help:

Knowledge and Experience: DUI laws and legal procedures can be complex, and an experienced DUI defense attorney has the knowledge and expertise to navigate the legal system effectively. They understand the nuances of DUI laws, potential defenses, and strategies to challenge the evidence against you.

Defense Strategy: A skilled DUI attorney will assess the specific details of your case, such as the traffic stop, arrest procedure, and evidence collected. They will develop a tailored defense strategy based on the strengths and weaknesses of your case. They may challenge the legality of the traffic stop, the accuracy of field sobriety tests or breathalyzer results, or question the admissibility of certain evidence.

Plea Bargaining: A DUI attorney can negotiate with the prosecution on your behalf. They may seek to have the charges reduced, secure a plea bargain that involves lesser penalties, or explore alternative sentencing options, such as diversion programs or community service. Their negotiation skills can help achieve the best possible outcome in your case.

DMV Hearings: In California, a DUI arrest triggers a separate administrative hearing with the Department of Motor Vehicles (“DMV”) to determine the status of your driver’s license. A DUI attorney can represent you at this hearing and present arguments to help protect your driving privileges.

Court Representation: If your case goes to trial, having a lawyer by your side is essential. They will build a strong defense strategy, cross-examine witnesses, challenge the prosecution’s evidence, and present arguments on your behalf. They will ensure that your rights are protected throughout all vital court proceedings.

Minimizing Consequences: Even if a conviction is likely, a DUI attorney can work to minimize the potential consequences. They can advocate for reduced penalties, explore alternatives to jail time, and help you understand the available options for rehabilitation or treatment programs.

While hiring a DUI attorney does involve costs, the potential long-term consequences of a DUI conviction can be far more significant. A skilled attorney can guide you through the legal process, protect your rights, and strive to achieve the best possible outcome in your case.

How Much is a DUI Lawyer?

The costs associated with hiring a DUI attorney in California can vary depending on several factors, including the attorney’s experience, reputation, location, and the complexity of the case. So, the question “How much does a DUI lawyer cost?” doesn’t really have a one-size-fits-all answer.

Below is a general idea of the typical costs. However, it’s best to consult with individual attorneys to get accurate and specific information. Here are some common fee structures for DUI attorneys in California:

Hourly Rate: Some attorneys charge an hourly rate for their services. Hourly rates can range widely depending on the attorney’s experience and reputation, typically ranging from $200 to $500 or more per hour. The total cost will depend on the number of hours spent on your case.

Flat Fee: Many DUI attorneys offer flat-fee arrangements for their services. The flat fee typically covers the attorney’s time and services for handling the DUI case from start to finish. The cost of a flat fee can vary depending on the complexity of the case, but it often ranges from $2,500 to $10,000 or more.

Retainer Fee: Some attorneys require a retainer fee upfront, which is an advance payment to secure their services. The retainer fee is typically based on an estimate of the work involved in the case and may be applied toward the total cost of legal representation.

Additionally, it’s important to inquire about what services are included in the fee, such as court appearances, negotiation with prosecutors, or representation at DMV hearings.

Remember, while cost is a factor to consider, it’s equally important to prioritize the experience, qualifications, and track record of the attorney. DUI cases can have significant consequences, so investing in an experienced DUI defense attorney who can effectively represent your interests and protect your rights is crucial.

DUI Lawyer Free Consultation

It’s important to get an understanding of the complexities of your case and how an experienced DUI lawyer in Orange, LA, or Riverside County can help you. If you’d like to get an understanding of your case and what options are available to you, then it would be wise to find a the best DUI defense attorney in California that offers a free consultation involving your DUI, marijuana DUI, or drug-related DUI case. Free consultations with the best DUI attorney in California are valuable because they allow you to ask questions, get an idea of costs, and possible financing.

What Questions Should I Ask a Lawyer About DUI?

It’s a valid question since a CA DUI attorney is going to guide you through a challenging court system, one that harshly reprimands people who drive under the influence of alcohol, marijuana, or other drugs. In fact, those charged with impaired driving can face a haunting criminal record—one that never goes away—even if they are first time offenders and have never had any previous trouble with the law.

In light of the gravity of a possible DUI conviction in California, it’s imperative to consider a number of factors when getting a free consultation with a SoCal DUI lawyer.

Knowledge and Experience: DUI laws and legal procedures can be complex, and an experienced DUI defense attorney has the knowledge and expertise to navigate the legal system effectively. They understand the nuances of DUI laws, potential defenses, and strategies to challenge the evidence against you.

Defense Strategy: A skilled DUI attorney will assess the specific details of your case, such as the traffic stop, arrest procedure, and evidence collected. They will develop a tailored defense strategy based on the strengths and weaknesses of your case. They may challenge the legality of the traffic stop, the accuracy of field sobriety tests or breathalyzer results, or question the admissibility of certain evidence.

Plea Bargaining: A DUI attorney can negotiate with the prosecution on your behalf. They may seek to have the charges reduced, secure a plea bargain that involves lesser penalties, or explore alternative sentencing options, such as diversion programs or community service. Their negotiation skills can help achieve the best possible outcome in your case.

DMV Hearings: In California, a DUI arrest triggers a separate administrative hearing with the Department of Motor Vehicles (“DMV”) to determine the status of your driver’s license. A DUI attorney can represent you at this hearing and present arguments to help protect your driving privileges.

Court Representation: If your case goes to trial, having a lawyer by your side is essential. They will build a strong defense strategy, cross-examine witnesses, challenge the prosecution’s evidence, and present arguments on your behalf. They will ensure that your rights are protected throughout the court proceedings.

Minimizing Consequences: Even if a conviction is likely, a DUI attorney can work to minimize the potential consequences. They can advocate for reduced penalties, explore alternatives to jail time, and help you understand the available options for rehabilitation or treatment programs.

While hiring a DUI attorney does involve costs, the potential long-term consequences of a DUI conviction can be far more significant. A skilled attorney can guide you through the legal process, protect your rights, and strive to achieve the best possible outcome in your case.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

California has some of the strictest DUI laws in the country. The penalties for DUI convictions increase with each subsequent drunk driving conviction within ten years. A felony DUI conviction remains a priorable criminal offense, regardless of when the conviction occurred. Unfortunately, you could face additional penalties for driving under the influence in some cases. 

California DUI laws include provisions for sentencing enhancements. You could face enhanced penalties if you are convicted of driving under the influence with aggravating circumstances. An experienced California DUI attorney can review your drunk driving charges to determine what DUI defenses could result in a dismissal or reduction in charges and penalties.

What Are Sentence Enhancements for a California DUI Conviction?

A sentence enhancement is an additional penalty imposed by statute for DUI offenses involving aggravating factors. The specific enhancements that could be added to your DUI sentence depend on the aggravating factor involved in your DUI case. Potential sentence enhancements for DUI cases include, but might not be limited to:

• Longer periods of driver’s license suspension or revocation 
• Extended jail time or prison sentences
• Longer periods of summary probation (informal DUI probation)
• Increases assessments, fines, and fees
• Mandatory installation of ignition interlock devices (IIDs)
• Additional community service
• Longer terms for DUI school and/or alcohol and drug treatment programs
• Additional terms added for probation 
• Mandatory restitution payments to DUI accident victims
• Vehicle impoundment for longer periods

Many factors could trigger enhanced sentencing for DUI charges. The factors generally increase the risk of injury to others or the threat to the general public. Therefore, in addition to being charged with DUI, you could be charged with additional crimes and traffic offenses that result in separate penalties for a conviction. 

California DUI laws include several factors that can enhance DUI punishments. Examples of aggravating factors that can lead to harsher DUI sentences include:

• Prior DUI convictions on your criminal record
• DUI cases involving excessive speeds
• Driving recklessly while under the influence of alcohol and/or drugs
• Causing injury or death to individuals while driving under the influence of drugs and/or alcohol
• Refusal to submit to chemical tests or breath tests after a DUI arrest
• Having a high blood alcohol content (BAC) level 
• Underage drinking and driving
• DUI with a minor in the vehicle under 14 years of age

This article specifically deals with the California code section that enhances DUI penalties for excessive speed and reckless driving. More than one aggravating factor can be present in a DUI case. Therefore, the defendant could face multiple enhancements for different aggravating factors. 

California Sentencing Enhancement Code for DUI With Excessive Speeds and Reckless Driving

California Vehicle Code §23582 adds enhanced penalties for speeding and reckless driving while under the influence of alcohol and/or drugs. According to the code section, an enhancement of at least 60 days in jail is added to the sentence for a DUI conviction when:

• A driver is convicted of drunk driving under California Vehicle Code §23152 or §23153; AND,
• While driving at a speed exceeding the maximum, prima facie, or posted speed limit by 30 miles per hour on a freeway or 20 miles per hour on any other street; AND,
• The driver was driving in a reckless manner.

If the driver is convicted under Vehicle Code §23582, the driver must also attend an alcohol and/or drug education program (DUI school) as part of the enhanced sentencing requirements. 

It is essential to understand that the 60 days in jail is in addition to any other sentence imposed by the court for a DUI conviction. So, for example, if the judge suspends the execution of the sentence or grants DUI probation, you must still serve the 60 days in jail according to the enhanced sentence.

The enhanced penalties are mandatory. Judges may only waive these penalties when justice would be served by waiving the enhanced penalties for aggravating factors.

Fighting Speed Enhanced Penalties for a DUI in California 

The state must prove each of the three legal elements for enhanced penalties to apply. Therefore, if the state proves you were driving under the influence, but fails to prove you were speeding by more than 20 to 30 miles per hour (depending on the location), enhanced penalties will not apply. Likewise, if the prosecutor proves drunk driving and speeding, but fails to prove reckless driving, the court does not impose enhanced penalties.

The burden of proving each legal requirement rests with the state. The prosecutor must prove that you are guilty of each legal element required to justify speed enhanced penalties beyond a reasonable doubt. A skilled California DUI defense lawyer understands how to raise reasonable doubt by challenging the statements by police officers and the results of BAC tests.

Furthermore, speeding does not automatically qualify as reckless driving. Therefore, the attorney may argue there is a lack of evidence proving the person was driving recklessly. Without specific and strong evidence of recklessness, the state’s argument for enhanced penalties might fail.

Negotiating a DUI Charge Down to Reckless Driving or Exhibition of Speed

Determining whether to accept a DUI plea deal depends on the facts of the case. In challenging cases, a California DUI attorney may negotiate for reduced charges. Reduced charges may avoid the enhanced penalties required under California Vehicle Code §23582. Other potential benefits of a plea deal for reduced charges include:

• The reduced charge may not be a priorable offense on your criminal record
• Reduced or no jail time
• Decrease in fines and assessments
• Less of an impact on professional licenses, student loans, scholarships, job applications, etc.
• Elimination of mandatory ignition interlock devices (IIDs)
• Reduced or no DUI school or DUI probation 
• No mandatory driver’s license suspension

The reduction in fines and penalties depends on what charge the prosecutor agrees to allow you to plead guilty to instead of drunk driving charges. Reduced charges that might be available for a DUI plea agreement include:

Wet Reckless (Vehicle Code §23103.5)

Wet reckless is a common reduced sentence used for DUI plea agreements. The “wet” reference in the charge refers to a reckless driving charge involving alcohol. The law requires the court record to reflect that alcohol was involved. Therefore, wet reckless might avoid high fines, mandatory jail time, and other penalties for a DUI conviction, but it counts as a priorable offense for future DUI cases.

Dry Reckless (Vehicle Code §23103)

As a defendant, dry reckless is a better charge for a DUI plea deal because it does not count as a priorable offense for future DUI convictions. A dry reckless may not be viewed as harsh by insurance providers and other parties reviewing your criminal record. 

Exhibition of Speed (Vehicle Code §23109c)

This traffic offense is used when drivers engage in a speed contest. Unfortunately, prosecutors seldom agree to reduce DUI charges to exhibition of speed charges. It is a misdemeanor offense with no note regarding alcohol. The penalties for this offense are much less harsh than the penalties for reckless driving charges.

Non-Criminal Traffic Offenses

There would need to be several potential DUI defenses and serious problems with the state’s case for a prosecutor to plead a DUI down to a traffic offense. However, an experienced California DUI defense attorney considers all possibilities. For example, if there are issues regarding probable cause, lack of evidence, or police misconduct, your DUI lawyer may propose a pleading down to a traffic offense.

Your attorney might propose pleading down to a charge of consuming alcohol in a motor vehicle or another traffic offense. Because the charges are non-criminal, you only face fines, points against your driver’s license, and traffic school for a guilty plea.

Should I Accept a DUI Plea Agreement or Proceed to Trial?

The decision to plead guilty or take your chances in court depends on many factors. The prosecutor and police officers do not give you honest, reliable advice about your legal options. Instead, you should review your options for fighting DUI charges with an experienced California drunk driving defense lawyer.

Several factors that your lawyer considers when advising you about a DUI plea agreement include, but are not limited to:

• The strength of the evidence proving your BAC level was over the legal limit of .08% (.04% for commercial drivers and for-hire drivers and .01% for underage drivers)
• Your criminal history and prior DUI convictions
• The evidence the prosecution has to prove each of the required legal elements beyond a reasonable doubt
• Whether there are aggravating factors that could lead to a much harsher sentence if you take the case to trial and lose
• The potential DUI defenses for your case and the strength of those arguments
• Evidence indicating you were impaired while operating a motor vehicle

Only you can decide whether you are comfortable fighting DUI charges in court or accepting a plea agreement. However, remember that prosecutors are experienced, trained trial lawyers. They will take advantage of your lack of knowledge regarding the law. 

Before accepting a DUI plea agreement, talk to a California DUI lawyer. Verify that the plea agreement terms are in your best interest before pleading guilty to DUI charges.

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution protects us from being prosecuted twice for the same crime. However, all sanctions do not qualify under the Double Jeopardy rule. The protections in the U.S. Constitution apply both in federal court and state courts.

Therefore, you can be “punished” by the California Department of Motor Vehicles (DMV) for driving under the influence and face criminal penalties for a DUI conviction.

Raising Double Jeopardy as a Defense to the DMV Hearing and a DUI Criminal Case

When the DMV suspends your driving privileges for driving under the influence, it is an administrative corrective action. The courts do not consider the DMV suspension a punishment or penalty for criminal charges. Instead, the threat of losing your driving privileges for a DUI arrest is a deterrent to drunk driving.

Double jeopardy does not apply because the DMV action is not a punishment or penalty. Therefore, the prosecution may continue with a criminal case based on the same DUI arrest.

A police officer seizes your driver’s license when he arrests you on drunk driving charges in California. As a result, you receive a Notice of Suspension from the police officer. The Notice of Suspension allows you to continue to drive for 30 days. It also notifies you that you have ten days to request a DMV administrative hearing, or the DMV will suspend your driver’s license. 

A DMV hearing officer conducts the administrative hearing. After considering the evidence, the DMV officer may set aside the suspension and reinstate your driving privileges. If the DMV officer allows the suspension to stand, you must wait until the end of the suspension period to reinstate your driver’s license. 

An administrative per se hearing to suspend driving privileges is separate from any criminal charges filed by the state. The DMV may act before the prosecutor files criminal charges in some cases. The reason is that a DMV suspension is based on a DUI arrest, not a DUI conviction. Therefore, merely being arrested for drunk driving can result in losing your driver’s license.

How Long Does a DMV Suspension Period Last After a DUI Arrest in California?

The DMV suspension period depends upon whether you took a chemical test and your prior DUI history. For a first offense DUI with a BAC of .08% or higher, the suspension period is four months. If you have a prior DUI conviction on your record, the DMV suspends your driving privileges for one year. In addition, drivers under the age of 21 years with a BAC of .01% or higher lose their driving privileges for one year.

Refusal of a chemical test results in an automatic one-year suspension for a first-time DUI offense and a two-year suspension for a second DUI offense. After three DUI arrests within ten years, the DMV suspends your driver’s license for three years.

What Happens When I Am Charged With Multiple DUI Offenses for a Single DUI Stop?

The primary statute for drunk driving is California Traffic Code §23152. Under this statute, you can be charged with a criminal offense if:

• You operate a motor vehicle with a BAC of .08% or higher
• You drive a motor vehicle under the influence of any alcoholic beverage
• You operate a commercial motor vehicle with a BAC of .04% or higher
• Your BAC level is .04% or higher while driving a motor vehicle when a passenger for hire is in the vehicle
• Your drive a motor vehicle under the influence of any drug or a combination of any alcoholic beverage and drug

It is common for a prosecutor to charge a drunk driver under more than one section of the California drunk driving statute. 

Double jeopardy does not prevent the state from prosecuting you for multiple DUI offenses for the same arrest. It also does not prevent you from being found guilty of multiple DUI offenses. However, you cannot face multiple sentences for DUI convictions related to the same DUI stop.

DUI Convictions and California Penal Code Section 654 PC

A prosecutor may charge you with multiple DUI offenses because they believe at least one charge will result in a drunk driving conviction. However, California Penal Code §654 PC prohibits double punishment for the same crime.

However, the prosecution may charge you with multiple DUI offenses in a single case. All offenses may be tried together before a judge or jury. The legal term for this process is joinder. 

The code section applies when a person commits one act that leads to multiple criminal charges. While the state can accuse you of multiple criminal offenses, you can only be punished for one. 

Generally, the court imposes punishment under the offense with the longest potential imprisonment term. However, the court cannot punish you for both DUI offenses. Furthermore, the code section provides that the court cannot grant probation if any of the criminal offenses prohibit granting probation.

What is the Typical Sentence for a DUI Conviction in California?

Drunk driving convictions are priorable offenses in California. The penalties for subsequent DUI convictions within ten years increase with each conviction. A felony DUI conviction counts against you for the rest of your life.

Assuming that you have no prior DUI convictions or aggravating circumstances, the typical sentence for a first-time DUI conviction in California includes:

• Assessments and a fine of $1,500 to $2,000, depending on the county of arrest
• Up to six months in county jail
• Informal (summary) probation from three to five years
• Attendance at DUI school for three to nine months
• Driver’s license suspension for six months
• Installation of an ignition interlock device (IID) for up to six months

The court may sentence you to probation instead of jail time if you have a clean driving history and no factors exist that could enhance the DUI penalties. You will be required to follow all conditions of probation. Violating DUI probation can result in the court revoking probation and reinstating the original DUI sentence. The court may also punish you for the probation violation. 

If you refuse a chemical test and are convicted of DUI, you could face mandatory jail time. Likewise, if your DUI involves injury to another person, the penalties for a conviction increase. 

A DUI conviction in California results in a criminal record. You might qualify to have the DUI expunged, but that does not remove the DUI arrest from your driving record. It only removes the guilty verdict and dismisses the DUI case. The drunk driving charge would still count as a priorable offense for future DUI convictions.

If the police arrest you for driving under the influence, your best step is to contact a California DUI defense lawyer as soon as possible. A California DUI attorney can help you prepare to fight DUI charges and assist you with negotiations for favorable terms for a DUI plea agreement. 

How Does Double Jeopardy Apply in Criminal Cases in California?

The Double Jeopardy Clause in the Fifth Amendment protects us from:

• Being prosecuted for the same criminal offense after receiving an acquittal for that offense;
• Receiving multiple punishments for the same criminal offense; and,
• Being convicted more than once for the same offense.

California Penal Code §687 adopts the protections of double jeopardy. The code section states that you cannot be prosecuted a second time for a public offense once you have been prosecuted and either convicted or acquitted. Repeatedly prosecuting a person for the same criminal offenses would subject that person to undue expense and time. It could also lead to a wrongful conviction.

Double jeopardy attaches to the criminal offense at specific points during criminal proceedings. Examples of when double jeopardy attaches may include:

• After the trial begins (i.e., the jury members are sworn in or the first witness is sworn in during a trial by judge)
• A mistrial or discharge of the jury without the defendant’s consent after a trial begins
• After the person is acquitted of criminal charges
• After pleading guilty based on a plea agreement
• Upon conviction for a criminal offense

The double jeopardy defense may apply in other situations. However, it is not available in all dismissals, but it could apply if the court discharges the defendant to become a witness for the prosecution in another criminal case. It could also apply in some cases where the prosecutor fails to bring a misdemeanor charge to trial in a timely manner.

Double jeopardy may also be a legal defense if the defendant appeals a conviction, the conviction is reversed, and the appeals court remands the case for a new trial. The prosecution cannot charge the defendant with a more serious offense at the new trial. 

Double jeopardy does not prevent the prosecution from proceeding with criminal charges after a civil proceeding on the same facts. It only protects you from being criminally prosecuted for the same criminal offense more than one time. Double jeopardy does not apply to pre-trial proceedings or DMV license suspensions in DUI cases.

The above discussion is not a comprehensive discussion of the double jeopardy defense. Double jeopardy is a complicated legal question that an experienced California criminal defense attorney should address. If you believe the state is prosecuting you for the same DUI offense in violation of your civil rights or state laws, contact a California DUI lawyer immediately to discuss your legal options.