DUI Criminal Defense Attorney - Citrus Heights, California

Being charged with DUI is a serious offense in Citrus Heights, California that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is crucial that anyone facing an DUI charge in California understand what challenges they will face. Seeking the legal advice of an accomplished and knowledgeable DUI attorney will help you understand all of your rights and options.

DUI - Citrus Heights, California

Once you have been arrested for DUI in Citrus Heights, California, the arresting officer retains your state issued driver's license and you are issued an "Order of Suspension and Temporary License." This allows you to drive for 30 (thirty) days from the date the order was issued. According to California law, you have 10 days to request an administrative hearing from the California DMV. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's license is automatically revoked for the applicable statutory time frame. In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the California DMV within 10 days. A fast, free consultation with a Citrus Heights, Califonia DUI defense lawyer will help you understand all of your options and rights.

Arrested for DUI in Citrus Heights, California?

In California, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the California DMV. While both actions can result in the suspension of your driving privileges in California, it is very important to remember that there may be more penalties to consider and each action must be handled on their own.

DUI Penalties for First Time Offenders

• Jail Time - In Citrus Heights, California, a first time DUI offender will face up to one (1) year imprisonment.
• Chemical Test Refusal in Citrus Heights, California - Refusing to submit to a test when requested by law enforcement in California will result in the suspension of driving privileges for 180 days, up to 1 year. Also, the offender will be fined between $200.00 and $500.00 for the refusal, and ordered to perform 10 to 60 hours of public community restitution.
• California Driving Privileges and DUI - In California, a DUI conviction results in the suspension of driving privileges for 30 days, up to 180 days for offenders with a BAC (Blood Alcohol Content) level between 0.08% and 0.10%. The offender's license is revoked for 3 months, up to 12 months for a BAC between 0.10% and 0.15%. An offender with a BAC of 0.15% or above faces a license suspension of 3 months, up to 18 months.
• Monetary Fines for DUI - A first time DUI offender with a blood-alcohol concentration (BAC) of between 0.08% and 0.10% will have fines starting at $100.00, up to $300.00, plus fees. An offender with a blood-alcohol concentration (BAC) of between 0.10% and 0.15% is subject to a maximum fine of $400.00, plus fees. A first time DUI or DWI offender with a blood-alcohol concentration (BAC) of 0.15% or higher will pay a fine of $500.00, plus fees.
• Probation - Probation may be required, at the court's discretion, and typically lasts between 3 and 5 years. During this time, the offender must not commit a criminal offense, drive with any measurable amount of alcohol, refuse to submit to chemical testing, or fail to pay a fine, restitution, or assessment fee.
• Alcohol Evaluation - Successful completion of a drug and alcohol program is required for reinstatement of driving privileges.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (Blood Alcohol Content) level of 0.04. A first time DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license in California.

Alcohol: Persons Under 21

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

(c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803. (Amended Sec. 32, Ch. 263, Stats. 2007. Effective January 1, 2008.)

California DUI Programs

Through the Driving-Under-the-Influence (DUI) Program Branch within the Office of Criminal Justice Collaboration, the Department of Alcohol and Drug Programs licenses and performs compliance monitoring on all DUI programs in California. The objectives of the DUI program is to reduce the number of repeat DUI offenses by persons who complete a state-licensed DUI program.

The California Alcohol and Drug Program currently licenses 472 DUI programs that provide first-offender (and/or multiple offender) program services throughout California's 58 counties.

• The 18-Month Programs serve second and subsequent DUI offenders; while the 30-Month Programs serve those with third and subsequent DUI offenders.
• First Offender Programs are for those convicted for the first time of a DUI offense, and they must complete a state-licensed three-month or nine-month program, depending on their blood alcohol level.
• The Wet Reckless Programs serve persons convicted of reckless driving with a measurable amount of alcohol in their blood.

DUI Costs

Here is a breakdown for a first DUI offense in Citrus Heights, California:

• DUI Treatment Program: $550
• Fines - Penalties: $1,500
• Tow - Impound Fee: $190
• California DMV Reissue Fee: $100
• Restitution Fund: $500
• Auto Insurance Increase: $2,700
• Total Approximate Cost: $5,540

Note: There may be more costs involved.

DUI and California Highway Patrol

The CHP aggressively enforces the state's 0.08 percent blood-alcohol concentration (BAC) law, Administrative Per Se laws (immediate driver license suspension), 0.04 percent BAC (Blood Alcohol Content) level law for commercial vehicle drivers, 0.01 percent BAC (Blood Alcohol Content) level out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent BAC (Blood Alcohol Content) level limit for drivers under 21 years of age (zero-tolerance.)

Operating from a centralized location, these operations expedite the processing of arrested individuals and allow for a concentrated effort targeting impaired drivers. The California Highway Patrol conducts DUI task force operations, or saturation patrols, in areas experiencing a high incidence of DUI-related traffic collisions.

California DMV (Department of Motor Vehicles) and Court Trial

The DMV hearing and court trial are independent of each other. The California DMV hearing deals with the circumstances surrounding a DUI or DWI arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.