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!

It depends if you want to withdraw a guilty plea or retract statements made to police officers during a DUI traffic stop or after a DUI arrest. The answer is “it depends.” There are situations in which a defendant can recant or withdraw a statement or guilty verdict. The first step is to contact a California DUI defense lawyer to discuss your legal options and rights regarding a drunk driving charge.

Making Statements to Police Before and After a DUI Arrest

The statements you make to police officers can be used against you. You might not be able to retract a confession or statement after it is made. For this reason, it is best not to talk to police officers without an attorney present.

During a DUI stop, you must provide your name and current address. You need to give the police officer your driver’s license, vehicle registration, and proof of automobile insurance. However, you are not required to:

• Take a breathalyzer test or saliva swab if you have not been arrested
• Consent to take field sobriety tests (FSTs)
• Answer questions about where you were before the DUI stop
• Admit or deny that you have had alcohol or drugs
• Tell the police officer where you are headed
• Answer any other questions 

You can respectfully tell the police officer you do not consent to any preliminary assessment tests for DUI and that you are invoking your right to remain silent. 

After a DUI arrest, refusing a chemical test results in penalties under California’s implied consent law. The California Department of Motor Vehicles suspends your driver’s license for one year. You also face enhanced penalties if the court convicts you for the DUI charges.

However, you still are not required to make statements or answer questions after a DUI arrest. As a result, you may remain silent even though police officers continue to ask questions. 

It is in your best interest not to make statements or talk to the police until you speak with a California DUI attorney. Retracting statements made to the police may only be possible through a motion to suppress evidence.

Filing a Motion to Suppress Evidence to Retract a DUI Confession

Confessions you make before you are arrested or after the police officers read you the Miranda rights can be used against you in court. However, if the police violated your constitutional rights, the confession could be inadmissible. 

Your attorney can review your case to determine whether to file a motion to suppress evidence. If the police did not have probable cause for an arrest, a motion to suppress evidence could result in all evidence collected, including confessions and statements, being thrown out. Without evidence, the prosecution may have no choice but to drop the DUI charges. 

Can I Withdraw a Guilty Plea for a DUI Charge in California?

Yes, you can withdraw a guilty plea or plea of no contest in a DUI case in some cases. California Penal Code §1018 gives a judge the authority to grant a motion to withdraw a plea for “good cause.” The code applies in misdemeanor DUI cases and felony DUI cases. 

The motion to withdraw a guilty plea must be filed with the court before the person is sentenced or within six months of a probation sentence. If the judge finds that good cause exists to withdraw the plea, he grants the motion. After that, the defendant may enter a plea of not guilty to the charges of driving under the influence. 

What is Good Cause for Withdrawing a Guilty Plea for DUI?

Regretting the fact that you plead guilty to drunk driving is not sufficient cause for a judge to allow you to withdraw your guilty plea. You need to show that your guilty plea was the result of:

• A mistake
• Incompetence
• Inattention or oversight
• Ignorance

Also, the judge may consider other factors that demonstrate overreaching as reasonable cause to withdraw a guilty plea. Examples of reasons why a judge might allow a defendant to withdraw a DUI guilty plea include:

Not Represented by an Attorney

In addition to claiming you plead guilty while representing yourself, you must show that you were not informed you had the right to have legal counsel. The judge must have failed to explain your right to an attorney in his instructions for you to win on this cause.

Your Attorney Was Incompetent

Ineffective legal counsel can be a ground for withdrawing a guilty plea. For example, suppose your attorney did not investigate your case, file appropriate motions, or otherwise provide a vigorous and effective defense. In that case, the judge may allow you to withdraw your guilty plea. 

Proving your attorney was not a competent lawyer can be difficult. The legal representation must have fallen short of the accepted standard. Suppose you can prove that your attorney did not provide reasonable representation, which led you to accept an unfavorable plea deal. In that case, you might win your motion to withdraw a guilty plea.

Coerced Guilty Pleas

When you plead guilty to DUI, your plea must be voluntary and given without threat or coercion. The threat or coercion to plead guilty can come from any source, including police officers, co-defendants, prosecutors, and others.

You Did Not Understand the Consequences of Your Actions

If you can prove to the judge that you did not understand a significant consequence of pleading guilty, the judge might allow you to withdraw your guilty plea. For example, you were not aware that the state would revoke your professional license for a DUI conviction, or you did not know that you faced a mandatory prison sentence if you plead guilty. 

Seek Legal Counsel Before Pleading Guilty to DUI Charges

Before pleading guilty to DUI charges, talk to a California DUI attorney. There could be one or more DUI defenses that might help you beat the drunk driving charges. If not, a skilled DUI defense lawyer works to obtain the best terms for a DUI plea agreement.

Potential DUI defenses include, but are not limited to:

Lack of Probable Cause

Police officers must have probable cause to make a traffic stop. For example, they witnessed a traffic infraction, such as speeding or running a red light. The police officer might claim that your driving was erratic, which indicated you might be intoxicated. 

An exception would be a DUI checkpoint. California law permits law enforcement agencies to conduct DUI checkpoints as part of their DUI enforcement efforts. However, strict rules govern how DUI checkpoints are set up and operated. Failing to follow those rules could result in an illegal stop.

If a police officer did not have probable cause for the traffic stop or DUI arrest, your attorney files a motion to suppress evidence. The evidence collected from an illegal stop or arrest can be inadmissible. 

You Were Not Under the Influence

California Vehicle Code §23152 states that it is unlawful to:

• Operate a vehicle under the influence of alcohol
• Drive a vehicle with a BAC of .08 percent or higher
• Operate a vehicle under the influence of any drug

If your BAC was not above the legal limit or you did not take a chemical test, the state must prove you were “under the influence” of alcohol or drugs. That means the prosecutor must prove your ability to drive was impaired. Your attorney attacks the statements by police officers to raise a reasonable doubt of your impairment.

Breathalyzer Results Are Inaccurate

A breathalyzer may give a false high for several reasons. Medical conditions could result in a false BAC level, including acid reflux, diabetes, GERD, and hiatal hernia. If the machine is not calibrated correctly or maintained correctly, the results could be inaccurate. 

Your attorney carefully analyzes the process used to take your breath test. Inconsistencies or deviations from procedure could result in the results being thrown out or a jury doubting their validity.

Problems With Chemical Tests

Title 17 of the California Code of Regulations sets the rules for collecting, storing, and analyzing urine and blood samples for DUI chemical tests. Violations of these rules could result in the chemical test results being thrown out. 

Mistakes and errors made by the police or the lab could result in inaccurate results, such as contaminating the sample or using fermented blood for a test. Medical conditions and rising blood levels could also result in higher BAC levels that do not reflect the person’s actual impairment at the time of the DUI arrest.

Inaccurate Field Sobriety Tests

Field sobriety tests can be flawed for many reasons. First, the person may have a medical condition that prevents them from performing the tasks. Second, the police officers might provide incorrect or confusing instructions. Third, environmental conditions might affect the person’s performance, such as uneven surfaces or bright headlights. 

You Are a Bad Driver

Other factors could lead to a DUI stop because of erratic driving. For example, drowsiness or distracted driving could appear similar to drunk driving. The driver panics when the police officer pulls them over. Therefore, they are nervous, which causes them to fumble and stutter. The officer may believe the person is drunk when they have had nothing to drink.

There are many more DUI defenses your attorney may investigate, depending on the facts of your case. The first step in fighting drunk driving charges is to talk with an experienced California DUI lawyer. 

If you live in another state and get a DUI in California, you might find it inconvenient to have to attend an in-person California DUI school as a part of your sentence. Ordinarily, the California Department of Motor Vehicles (DMV) requires people convicted of DUIs to enroll in and complete DUI driving school here in California. 

A non-resident can request a waiver of the California in-person DUI school requirement by filing a 1650 waiver request. If you do not attend and complete an in-person DUI program in California and do not request and receive a waiver, your home state can deny you a driver’s license. Your only option then is to make repeated trips back to California to complete the DUI school.

How to Request a 1650 Waiver

You will have to wait until you are eligible to request that the California DMV terminate your DUI suspension or revocation. If the California DMV grants your request, you would not have to attend driving school in this state, and you will be able to apply for a license in your state of residence.

You must meet all of these conditions to be eligible for a termination of action as a non-resident:

• Any suspension or revocation of your driving privilege is no longer in effect.
• If you had any Administrative Per Se restrictions on your driver’s license, all such restrictions are no longer in effect.
• You are no longer ordered by the court or the California DMV to have an ignition interlock device (IID) or any other court-ordered or DMV-ordered restrictions.
• You have paid all applicable administrative service fees. 

You can check your driver’s record to verify these factors. You may request this information by telephone, online, or by regular US mail. After verifying that you have met all of the conditions, you will need to file an application for termination of action (DL4006) with the DMV, along with acceptable proof of out-of-state residency, payment of fees, and proof of financial responsibility, if required.

Application for Termination of Action (DL 4006)

The Application for Termination of Action must get sent to the Mandatory Actions Unit of the California Department of Motor Vehicles (DMV), with all the required documents and attachments. Before the termination of action under California Vehicle Code (CVC) section 13353.5 can happen, the Mandatory Actions Unit must verify that the applicant has met all of the conditions and requirements.

The applicant must swear under penalty of perjury that the individual is not a resident of California. Also, the applicant must voluntarily authorize the California DMV to cancel the individual’s California driving privileges if the DMV terminates the suspension or revocation as requested. It usually takes the California DMV a month or two to process the waiver packet.

Documents the DMV Will Accept as Proof of Out-of-State Residency

The DMV provides a list of 18 different kinds of documents they will accept to prove that you do not live in the state of California. You must submit at least one of these papers with your DL 4006 form. 

A few examples of the acceptable out-of-state residency documents for the 1650 waiver form (DL 4006 form) include:

• A home utility or cell phone bill
• Official voter registration documents
• A mortgage bill
• A rental or lease agreement signed by both the owner/landlord and the tenant/resident
• An employment document
• A property tax bill or statement
• A change of address confirmation by the US Postal Service 

Whichever document or documents you choose to submit to show out-of-state residency must show your current out-of-state address that is the same as you provide on your DL 4006 form. 

What is Proof of Financial Responsibility?

Proof of financial responsibility in the context of driving means that a driver has automobile insurance that will pay the losses of people who get injured or property that gets damaged as a result of the driver. California tries to protect the general public from people exercising the privilege to drive without being financially responsible to people they might harm.

The DMV might require you to provide a California Insurance Proof Certificate (SR 22) from an insurance company authorized to do business in California. If your insurance is from a company not authorized to do business in California, the DMV will only accept that insurance document if you send in a Declaration Regarding Certificate of Insurance for Non-Resident Driver. That declaration is on the DL 300 form, California Proof Requirements for Non-Residents.

Who Needs a 1650 Waiver?

If you were a non-California resident and you got convicted of a “wet” driving offense, like:

• Driving under the influence, Vehicle Code 23152(a),
• Driving with a BAC of 0.08% or higher, Vehicle Code 23152(b)
• Underage DUI with a BAC of 0.05% or higher, Vehicle Code 23140
• “Wet reckless,” Vehicle Code 23103.5

You will have to enroll in and complete an in-person California DUI driving school unless you get a 1650 waiver of that requirement. A 1650 waiver comes with significant consequences. For starters, once you use a 1650 waiver, you can never get a second waiver in your entire lifetime. 

Also, you will not be allowed to drive in the state of California for three years, even if you become a California resident. If you do move to California, you will have to complete the DUI school before the DMV will issue you a California driver’s license.

Consequences in Your Home State

Getting an out-of-state DUI conviction does not let you fly under the radar in your home state. The California court will notify a non-resident’s home state of the conviction. Also, the DMV in California will suspend your California non-resident driving privileges.

You can face negative repercussions in both states, California and your home state, after getting convicted of a DUI here. Your state will treat the California conviction as if it happened in your home state. 

Your home state is allowed to impose its own penalties on you, even if they are more severe than the penalties the California court assessed. Typically, your home state will not allow you to drive legally using that state’s driver’s license until you satisfy all of the penalties of the California conviction, which include the DUI program requirements of the DMV. One of the program requirements is the California DUI school.

Can I Attend a California DUI School Online?

Generally, no. A person convicted of a DUI in California must attend a licensed DUI program unless the individual obtains a 1650 non-resident waiver. The Department of Health Care Services (DHCS) evaluates, licenses, and monitors the compliance of all California DUI programs. The Behavioral Health Licensing and Certification Division, Driving-Under-The-Influence (DUI) Section is the specific aspect of the DHCS that performs these tasks.

You cannot simply enroll in any DUI school or program. The DUI school must be California-licensed to satisfy the penalties under your conviction. DUI school hopes to give participants an opportunity to address their problems with using alcohol and drugs, and to reduce the number of second and subsequent DUI offenses by individuals. 

California DUI Programs

There are multiple levels of DHCS licensed DUI programs. For example:

• If you get convicted of reckless driving and you had a measurable amount of alcohol in your bloodstream, you must complete the “wet reckless program,” which is a 12-hour DUI education program.
• For a first-offense DUI conviction, the DMV requires the completion of a three-month 30-hour alcohol and drug education and counseling program. If the first offense was for a blood alcohol content of 0.20% or higher, the individual must complete a nine-month 60-hour alcohol and drug education and counseling program.
• If a person gets a second or subsequent DUI conviction, there is a mandatory 18-month multiple offender program. The program includes 52 hours of group counseling, 12 hours of alcohol and drug education, six hours of community reentry monitoring, and biweekly individual interviews during the 12 months of the program.
• For a third or subsequent DUI conviction, a county may choose to impose 30-month DUI programs, with 78 hours of group counseling, 12 hours of alcohol and drug education, 120 to 300 hours of community service, and close and regular individual interviews.

The high level of involvement and time required by California DUI programs make it difficult for someone who lives in another state to participate in and complete the program requirements.

COVID-19 FAQs for DUI School

During the COVID-19 pandemic, the state of California enacted measures to reduce exposure to the virus, including suspending or limiting DUI program services. Anyone participating in program services or wanting to enroll in the program could find limitations on the program due to COVID-19 restrictions. The DHCS supported telehealth services for DUI programs to minimize the spread of COVID-19.

Are There Additional Penalties for a DUI Conviction in California?

Yes, and you do not get to avoid these consequences just because you are not a California resident. Also, keep in mind that your home state can impose additional penalties. In California, a first-time DUI conviction could include these penalties:

• DUI school
• A six-month driver’s license suspension period
• Up to six months in county jail
• Installation of an ignition interlock device (IID) for six months
• Fines and penalties adding up to as much as $1500 or $2000
• DUI probation of 3 to 5 years
• Work release

Getting a DUI conviction can impact your life in many other ways. You will want to work with a California DUI attorney to protect your rights if you get arrested for drunk driving.

Drinking and driving is a serious offense, and facing DUI charges can be complex and intimidating. In some cases, the defendant may have an attorney who is able to help them reach a plea deal with the prosecution or avoid the charges entirely. However, there are some instances where the defendant may feel overwhelmed or just uninformed and might be considering pleading guilty or no-contest by agreeing to a Tahl waiver.

Tahl waivers are meant to be a record of informed consent that the defendant is entering into a plea of guilty or no-contest voluntarily and with full knowledge of the rights, they are waiving. Additionally, they are an informative tool to ensure the defendant is aware of the potential consequences of waiving their rights.

It is incredibly important that a Tahl waiver be completed properly, signed by the defendant, and submitted in accordance with the requirements of the court, otherwise, it may be deemed defective. This can result in an invalid plea agreement and is why defendants are often questioned extensively by the presiding judge to ensure their understanding and agreement.

What is a Tahl Waiver?

A Tahl waiver is named for the case in which it was established. The California Supreme Court decided in 1969, in the case of In re Tahl that a defendant must “knowingly and voluntarily” waive several of their rights in order for a plea of guilty or no-contest to remain valid. 

Occasionally during criminal proceedings in California, the defendant will make the decision to plead guilty or no-contest to their charge or charges. In this situation, the defendant must acknowledge that they have certain rights guaranteed to them by the constitution and that they are waiving these rights. This waiver is known as a Tahl waiver.

In most cases, the Tahl waiver will be a formal, written document. It will not only detail the individual rights they are waiving, as well as the potential consequences of waiving those rights, but it will also have the defendant’s signature as an acknowledgment and agreement. The waiver is then reviewed by the judge and confirmed with the defendant affirming their decision in open court.

What is the Purpose of Tahl Waivers?

Tahl waivers are crucial during criminal proceedings, for example, charges of murder or driving under the influence, because it is incredibly important that the defendant knows what they are committing to when waiving their rights. 

The waiver is a tool for the presiding judge to ensure that:

• The accused is aware of their rights
• The accused understands that they are not being forced or coerced into waiving their rights
• The accused knows and understands the consequences of the waiver

In most cases, the court cannot even accept a plea of guilty or no-contest if there is no valid Tahl waiver in effect. This reaffirms that the defendant is cognizant of the terms of the waiver and that the plea is completely voluntary. California defense attorneys are well-versed in Tahl waivers.

Rights That Are Given Up With a Tahl Waiver

There are three main constitutional rights that a Tahl waiver is created to waive. The defendant is made aware of these rights during the process of creating the Tahl waiver before the jury trial begins, and they must be fully informed on the potential results of waiving these rights. 

The 3 significant constitutional rights waived with a Tahl waiver are:

• The right against self-incrimination, which is guaranteed by the 5th amendment
• The right to confront witnesses, ensured by the 6th amendment
• The right to a jury trial, which is also guaranteed by the 6th amendment.

Additionally, Tahl waivers will also remind and reaffirm with the defendant that they still remain innocent until proven guilty, and that the prosecution still carries the burden of proving beyond a reasonable doubt that the defendant is guilty.

Defective Tahl Waivers and Their Effects

Completing or performing a Tahl waiver is vital to the criminal process, and if the accused has not officially completed one to the satisfaction of the court, any pleas of guilty or no-contest that they enter may not be valid. This also is the case if the Tahl waiver was completed incorrectly or the accused was not made aware of the consequences of waiving their rights. 

To avoid this, the judge presiding over the case will frequently discuss the Tahl waiver with the accused. The judge will generally:

• Advise the accused orally in open court of their rights, and that the Tahl will waive those rights
• Confirm that the defendant does understand and wish to waive the rights
• Confirm that the accused still intends on entering a plea of guilty or no-contest
• Confirm that the defendant was not coerced, forced, or otherwise placed under duress to enter the plea
• Confirm that the accused is entering the plea knowingly and of their own free will

How Can a Tahl Waiver Be Submitted?

For cases featuring misdemeanor charges, the Tahl waiver can be created and executed before the court proceedings. The attorney can provide the TAHL waiver to the court and plead without the client present appearance, as long as it is notarized. However, some judges do not allow this.

What if the Defendant Changes Their Mind?

Sometimes, even after going through the process of entering a Tahl waiver and subsequent guilty or no-contest plea, the defendant decides to withdraw their plea. This is permitted under California Penal Code section 1018, provided some prerequisite conditions are met. The accused must show good cause for withdrawing the plea, and they must file a Motion to Withdraw a Plea. 

Showing “good cause” means that the defendant must demonstrate that the plea they entered into previously was the result of some complication. This is often defined as a factor that demonstrates overreach, such as incompetence, inadvertence, ignorance, or mistake. Depending on the circumstances this can be relatively easy to prove, or it can be incredibly difficult.

Once the accused has shown good cause, they must then have the Motion to Withdraw a Plea filed with the court and entered into the record. The motion must be filed either before the defendant is sentenced or within 6 months of a probationary sentence. The motion cannot be filed once a sentence of incarceration has been handed down.

After the defendant shows good cause and either they or their attorney files the Motion to Withdraw a Plea, the defendant must then be given a formal opportunity to withdraw the plea and plead not guilty, if he pled guilty or no-contest without an attorney. Alternatively, if the accused did create an attorney-client relationship and was represented, they may be given a chance to change their plea, though it is not guaranteed as it would be if the conditions were met while they were not represented.

If You Are Charged With DUI and Considering a Tahl Waiver

If you have been charged with a DUI and may be considering waiving your rights to enter a plea of guilty or no-contest, be sure you reach out to a defense attorney in California before committing to anything. While you may be able to withdraw the plea later, there are no guarantees. Additionally, the criminal trial process can be incredibly complex, stressful, and intimidating, so having someone on your side can help the whole process go smoother.

If you contact an attorney to discuss your case in confidence, and they agree to represent you, you will have gained an invaluable legal resource. Not only will your criminal defense attorney form a solid attorney-client relationship with you, but they will be your source of priceless knowledge and experience with the trial process. When it seems like the whole system may be positioned against you when you’re facing charges, an experienced attorney can be a formidable ally and personal advocate.