What are the Penalties for a California DUI?

Monday, October 17th, 2016

It goes without saying that the punishment for driving under the influence in California, and across the United States for that matter, continues to increase significantly thanks to the hypervigilance of Mothers Against Drunk Driving and like organizations.

So what are the current penalties for a California DUI conviction?

The following is a list of what a person can expect if arrested and convicted of a first-time California DUI. It should be noted that penalties and punishment increase beyond what is listed below when a person has suffered prior DUI convictions within 10 years. The following is what can be expected out of a first-time conviction only.

The first thing a person can expect are the fines and fees. The statutory minimum fine that a person must pay following a California DUI is $390. The maximum is $1,000. Absent aggravating circumstances such as a collision, a person can expect $390. However, in addition to the $390, a person can expect to pay “penalties and assessments,” which will bring the overall amount to about $2,000, give or take a few hundred. I can’t tell you exactly what “penalties and assessments” means. In fact, I’ve heard judges say that they don’t know what it means. Suffice it to say, they are akin to court taxes.

When convicted of a California DUI, a person will be placed on summary (informal) probation for a period of three to five years. Again, absent aggravating circumstances, a person should expect the lower term of three years. Informal probation simply means staying out of trouble and doing what the court ordered. This includes not picking up any new cases, DUI or otherwise, not driving without a valid license, and not driving with any measurable amount of alcohol in the system. During the probationary period, a person must also complete the terms associated with that probation. This includes paying all fines and fees, completing a DUI program, and completing any other conditions the court might order.

The last of the penalties that are required by law is the requirement that a person complete a DUI program. For a first-time California DUI, a person is facing a three-month, six-month, or nine-month program. Like the probation and fines, the longer programs are given when the facts surrounding the DUI include aggravating circumstance. Otherwise, a person can expect to complete the three-month program called AB-541.

The aforementioned are what a person can expect by law. There are, however, other penalties which are not mandated by law, but rather discretionary.

If arrested and convicted of a California DUI, a person can be ordered to complete a “Hospital and Morgue Program.” The program is self-explanatory and is, in my opinion, the most unpleasant of the penalties. Participants in this program must first visit the hospital and listen to doctors explain the negative consequences of drinking and driving. Then the person must visit the morgue or coroner’s office and view the bodies of victims of drunk driving. Following the completion of both the hospital component and the morgue component, the participant must write an essay on their experience.

 Another discretionary punishment for a California DUI is a Mothers Against Drunk Driving Victim Impact Panel. This is a one-day lecture hosted by the group where victims of drunk drivers speak on the impact that driving under the influence has had on their lives.

The court may order a person to complete a number of Alcoholics Anonymous (AA) meetings. As many people know, AA meetings are hosted by the non-profit organization for the purpose of “stay[ing] sober and help[ing] other alcohols achieve sobriety.”

Lastly, the court can order a person convicted of a California DUI to install an ignition interlock device (IID). An ignition interlock device is essentially a breathalyzer that is installed into the ignition of a person’s vehicle. The device will not allow a person to start their vehicle unless they provide a breath sample free of alcohol. It should be noted that, by law, the DMV already requires the installation of an IID for five months in four California counties; Alameda, Tulare, Sacramento, and Los Angeles.

Again, this is what is commonly ordered and what can be expected. The courts have great discretion as to what can be given as punishment for a California DUI including the unexpected. Believe me, prosecutors are currently pushing for as much punishment as possible and this is precisely why it is extremely important to hire an experienced California DUI attorney if arrested on suspicion of a California DUI.

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Supporter of Anti-Drunk Driving Law Charged with DUI with Children in Car

Monday, August 1st, 2016

Stephen Miller, 40, of Pennsylvania was arrested and charged early last month with two counts of driving under the influence, two counts of endangering the welfare of children and various traffic citations. Miller championed Pennsylvania’s “Kevin’s Law,” the name of which honored his son who was killed by a hit-and-run driver suspected of drunk driving. The law increased the penalties for hit-and-run drivers in fatal accidents.

Miller’s son, Kevin, was killed in 2012 after being hit by a driver who fled the scene. It was suspected that the driver, Thomas W. Letteer Jr., 26, was driving under the influence at the time, however never faced charges of DUI because he was not caught until much later.

On June 12th, Miller was stopped because law enforcement spotted his vehicle traveling at night without headlights and unlit tail lights. At the time of the stop, Miller had this two other children in the vehicle, one of which was Kevin’s twin. It was later determined that Miller’s blood alcohol content was more than three times the legal limit at 0.27 percent.

Miller is set to appear on August 17th.

In addition to the penalties for the DUI, Miller is facing 100 hours of mandatory community service and a fine of at least $1,000 under Pennsylvania law.

California, on the other hand, is not as forgiving.

In California, if you are charged with a DUI under California Vehicle Code section 23152 and at the time of driving, you have a minor under the age of 14, you also face an enhancement to the DUI charge under California Vehicle Code section 23572.

In addition to any penalties given for a DUI conviction, if the enhancement is found to be true, the person faces an additional and consecutive 48 hours in a county jail for a first DUI conviction, 10 days for a second DUI conviction, 30 days for a third DUI conviction, or 90 days for a fourth or subsequent misdemeanor DUI conviction.

For other reasons, I’ve said that it is extremely important to hire an experienced California DUI when facing criminal charges. The same absolutely holds true for a California DUI charge with a child endangerment enhancement.

If an experienced California DUI attorney can successfully defend against the underlying DUI charge, the child endangerment enhancement cannot stick nor can a person be punished under it. This is true if the underlying California DUI charge is found to be untrue by a jury after a trial, the charges dismissed, or if the charge is reduced to what is known as a “California wet reckless.”

It should also be noted that drunk drivers who have children in the vehicle at the time of driving can also be charged under California Penal Code section 273(a), otherwise known as California’s child endangerment law. Child endangerment can be charged as either a felony or a misdemeanor when a person places a child under the age of 18 in a situation where his or her heath or welfare can be endangered. If charged with child endangerment, a person faces up to a year in county jail for a misdemeanor and up to six years in a California state prison for a felony.

If a person is convicted of a DUI and child endangerment under California Penal Code section 273(a), they, however, cannot face the DUI enhancement under California Vehicle Code section 23572.

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Hiring the Right California DUI Lawyer

Monday, January 11th, 2016

You’ve jest been arrested for a California DUI making it one of the worst nights of your life. As the officer fastens the handcuffs around your wrists and places you in the back of their squad car, you think to yourself, “How am I going to get out of this mess?”

The legal system is complicated, to say the least, and most people know that a lawyer is necessary help them at this time when they’re most vulnerable. So how does someone choose the right attorney to help them out of this legal mess?

The first thing a person should do when looking for the right DUI attorney is research. You don’t buy the first car you see at the dealership. With so much at stake, why would you hire the first attorney you come in contact with? Ask family and friends for referrals. You’d be hard pressed to not find anyone who hasn’t used a lawyer in the past. Check user-based rating websites like avvo.com or yelp.com to see what others who have used the lawyer’s services have said. Check the California Bar Association’s website at calbar.org to check to see if the lawyer whom you have researched has had any disciplinary action taken against them.

When attorneys become licensed to practice law, they are legally allowed to practice any area of law, but this does not necessarily mean that they are qualified to practice any area of law. Many lawyers are known as “general practitioners.” General practitioners practice everything from personal injury law to real estate law to estate planning and possibly criminal defense, which may include DUI law. While the law in general is complicated in and of itself, DUI law is complicated in its own right. Understanding the nuances of DUI law and the science involved is crucial in defending a DUI case. If I’m hiring an attorney to represent me for a DUI, I want a lawyer who defends DUI cases day in and day out, not a lawyer who may defend a DUI case every couple of months.

In doing your research, you will inevitably come across many lawyers willing to take your case on. Many of those attorneys will claim that they can help you because your case is a “slam dunk.” I have been practicing DUI for some time now and I can tell you firsthand that no case is a slam dunk. In fact, very few things in law are black and white. DUI defense lawyers don’t know the facts of the case, other than what the potential client tells them, until the first court date. In fact, many times what the potential client tells the lawyer is very different than what is in the police report. Therefore, when a person contacts a lawyer for the purpose of hiring them to represent them in a California DUI case, the lawyer lacks the information necessary to predict the outcome of a case. Furthermore, it is actually illegal for a lawyer to guarantee an outcome.

Make your decision to hire a lawyer based on experience, not cost. Fees for California DUI lawyers range from $1000 to $10,000. DUI defense lawyers almost always charge flat fees, not hourly fees. Often the price of a DUI lawyer corresponds with their experience and what is included in the service. Sometimes, however, it isn’t. Make sure that you’re getting what you’re paying for. After all, you are entrusting this person with representing you before a court of law.

While it may have been the worst night of your life, you don’t have to face subsequent criminal case alone. But make sure that the lawyer you’ve chosen to represent you for a California DUI is the right lawyer for you.

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What is the True Cost of a First-Time California DUI?

Monday, March 23rd, 2015

You may have seen the billboards a couple years ago warning motorists that a DUI can cost a person up to $16,000 total. I suspect that it has gone up since then. People have asked me whether this figure is accurate and what they can actually expect to spend after a first-time California DUI conviction. So let’s do the math.

Now I don’t say this next thing because I’m an attorney who is trying to solicit clients, but rather I’m saying it as an attorney who knows what to expect from the court process. Hire a lawyer. Attorneys have gone through three or more years of a law school, passed the unbelievably rigorous bar exam, and eventually become licensed to practice law in California for a reason. That reason is to go to court for people. Don’t think you can do it on your own.

Having said that, attorneys can cost between $1,000 and $10,000 depending on who they are, what their reputation is, and what their experience is. You can do your own math based on these figures. But of the attorney and law firms I know, I’d say a safe average is $3,500. This will usually cover a retainer up to, but not including trial. Those costs can be much more.

Upon conviction, the court will impose fines and fees. The statutory minimum for a first time DUI is $390 and the statutory maximum is $1,000. Fortunately for first-time California DUI offenders, the court usually imposes the minimum. Unfortunately, however, the court tacks on “penalties and assessments.” It is difficult to know exactly how much these penalties and assessments will amount to. In fact, today in court I heard a judge say that even he didn’t know how much amounted to. But, as a rule of thumb, I tell my clients to expect four to five times what the base fine is. So for the sake of our discussion, let’s say an even $1,700.

Most people convicted of a first-time California DUI will be required to take a three month DUI program. While people can choose from a number of programs with slightly different enrollment costs, a three month DUI program can cost a person around $575.

In Los Angeles, Alameda, Sacramento, and Tulare Counties, a person convicted of a first-time California DUI will be required to install an ignition interlock device in their vehicle for five months. On average, a person can expect to pay about $100 to have the device installed and about $2.50 per day to lease the device, have it maintained, and keep it calibrated. This amounts to about $325.

If a person’s vehicle is towed and stored at a yard, which is often the case following a California DUI arrest, that person can expect to pay about $350 to have it released.

Once a person is eligible to have their license reinstated by the California DMV, they will need to pay $125 to the DMV as a reinstatement fee.

However the single most expensive cost following a California DUI conviction is the increase in insurance premiums. In order to drive following a California DUI, the California DMV will require a person to file an SR-22 form. This document certifies to the DMV that, notwithstanding the DUI conviction, a person’s insurance company still insures them for California’s minimum requirements for automobile insurance liability coverage. The exact amount it costs to maintain the SR-22 is difficult to calculate because a number of factors such as age, gender, place of residence, and the rates of the particular insurance company.

Because the amounts of increased insurance premiums are difficult to calculate, I’ll use the figure used by the 2013 Automobile Club’s estimate for a 25 year old male over a 10 year period. This was the amount used when the Automobile Club announced that the total costs of a DUI were $16,000 in 2013. This amount was $10,154.

I’ll save you from doing the math. When you add all of these figure up it amount to $16,729.

This is about as rough as an estimate as we can get. Remember there are a number of other factors that contribute to the overall cost of a DUI. Having said that, this number can still be used as a guide to what a person can expect to pay following a first-time California DUI conviction.

I’ve said it before and I’ll say it again…

Before you head out for a night of drinking don’t turn your $50 bar tab into a $16,000 mistake.

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How Do I Choose the Right DUI Attorney?

Monday, May 5th, 2014

“What’s the difference between lawyers and vultures?”

Let’s face it, we attorneys do not have a good rap. But obviously not all attorneys are bad. And when people have been arrested for DUI and are at their most vulnerable, they must rely on attorneys to navigate their case through the maze that is the law. So how do you choose the right DUI attorney — and what will a DUI lawyer cost?

First off, you’re going to have to do some research. With so much on the line, why would you not? Ask people you know for referrals. Check the ratings of attorneys on websites like avvo.com and yelp.com. Check to see if the attorney you’re considering has had any disciplinary action against them from the California Bar Association. You can check this at calbar.org.

When attorneys become licensed to practice law, they can practice any area of law. Does that necessarily mean that they are qualified to practice every area of law? No. There are many attorneys that are “general practitioners.” This means that they take cases ranging from probate law to real estate law to DUI defense. Personally, if I have a probate case, I’m going to go to a probate lawyer. Understanding the nuances of DUI law and the science involved is crucial in defending a DUI case. If you get arrested for a DUI, wouldn’t you want an attorney who only practices DUI defense or even criminal law?

Be wary of the attorney who calls your case a “slam dunk.” No case is a “slam dunk” and very few things in law are that black and white. The By law, attorneys cannot guarantee an outcome. In fact, most of the time, DUI attorneys don’t know the facts of the case until the first court date, which is when they obtain a copy of police report. Sure, you can tell the attorney your version of the story during the consultation, but that, very often, varies wildly from what the police say.

Expensive doesn’t necessarily mean good. Having said that, you also shouldn’t shop for the cheapest quote on the market. Find out what attorneys are charging for the services you’re looking for. Again, you’re going to have to do some research. I can tell you right now, most DUI attorneys charge a flat fee for DUI defense rather than an hourly fee. And that flat fee can range from below $1,000 all the way up to $10,000. Make sure that you’re comfortable with the price, the payment arrangements, and the services that you’re receiving for them.

Attorneys are not cheap. Don’t drop your hard earned dollars unless you are absolutely completely comfortable with the attorney and the relationship. After all, you are entrusting this person with representing you in a court of law.

The punchline to the joke is “wings.” Don’t get stuck with a vulture.

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