Costa Mesa, California DUI Criminal Defense Lawyer

DUI in Costa Mesa, California

Once you have been cited for violating the California DUI statute, the state initiates two simultaneous, but separate, legal actions against you. The criminal action is in response to the ticket that was issued to you. The administrative action is brought against your California driver's license by the California Department of Motor Vehicles. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

Being charged with DUI (driving under the influence) can have major repercussions, including jail time, loss of driving privileges, and monetary fines. It is very important that anyone facing an DUI charge in California understand what challenges they will face along the way. Seeking the legal advice of an accomplished and experienced DUI criminal defense lawyer will help you understand all of your options and rights.

DUI or DWI and Costa Mesa, California

Once you have been arrested for DUI, the arresting officer retains your state issued driver's license and you are issued an "Order of Suspension and Temporary License," which allows you to drive for 30 days from the date the order was issued. Pursuant to California law, an individual has 10 days to request an administrative hearing from the California Department of Motor Vehicles. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended 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.

DUI Penalties for First Time Offenders

• 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 blood alcohol content (BAC) of 0.04. A first time DUI or DWI 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.
• 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.
• Monetary Fines for DUI - A first time DUI offender with a BAC level of between 0.08% and 0.10% will have fines starting at $100.00, up to $300.00, plus fees. An offender with a BAC level of between 0.10% and 0.15% is subject to a maximum fine of $400.00, plus fees. A first time DUI (driving under the influence) offender with a BAC level of 0.15% or higher will pay a fine of $500.00, plus fees.
• Chemical Test Refusal - In Costa Mesa, California, refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.
• California Driving Privileges and DUI - In Costa Mesa, California, a DUI conviction results in the suspension of driving privileges for 4 months.
• Jail Time - A first time DUI offender could face imprisonment of 48 hours in jail, however, the court may substitute a fine, require a treatment program and levy a 90-day license restriction, at the judge's discretion.

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.)

Costa Mesa, California DUI Cost?

The costs for DUI in California have been estimated to be more than $5,000. (The actual costs may vary. This amount does not include attorney fees or lost wages due to court appearances.)

• Car Insurance Increase: $2,700
• Fines/Penalties: $1,500
• California Department of Motor Vehicles Reissue Fee: $100
• Tow/Impound Fee: $190
• DUI Treatment Program: $550
• Restitution Fund: $500
• Total Approximate Cost: $5,540

DUI and California Highway Patrol

The California Highway Patrol aggressively enforces the state's 0.08 percent BAC level law, Administrative Per Se laws (immediate driver license suspension), 0.04 percent blood alcohol content (BAC) law for commercial vehicle drivers, 0.01 percent blood alcohol content (BAC) out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent blood alcohol content (BAC) 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 (CHP) 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 (driving under the influence) arrest. The other (court) trial deals with whether you are innocent or guilty of a criminal act in California.

California Driving Under the Influence (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 or DWI offenses by persons who complete a state-licensed DUI program. Also, to provide participants an opportunity to address problems related to the use of alcohol and/or other drugs.

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

• 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.
• The 18-Month Programs serve second and subsequent DUI offenders; while the 30-Month Programs serve those with third and subsequent DUI offenders.

What is "Admin per se?"

"Admin per se" refers to a relatively new procedure, administrative license suspension, in which a driver's license may be taken before conviction when a driver fails or refuses to take a chemical test for alcohol. As of 2004, 45 states including Washington, D.C. had administrative license suspension laws. In California a driver's license is suspended for four months on a first offense, and one year for a second offense.