Hayword, California DUI Criminal Defense Attorney

If you are charged with DUI in Hayword, California, it is a serious offense that can have serious 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 encounter. Seeking the advice of an aggressive and skilled DUI lawyer will help you understand all of your options and rights.

What happens if I was arrested for DUI in Hayword?

Pursuant to California law, 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 California driving privileges. Because of this, it is imperative to remember that there may be additional penalties to consider and each action must be handled on their own.

DUI Penalties for First Time Offenders

• Alcohol Evaluation - Successful completion of a drug and alcohol program is required for reinstatement of driving privileges.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 180 days, up to 1 year. Additionally, 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.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood alcohol content) 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.
• Monetary Fines - In California, the fine for a first time DUI offender with a blood-alcohol concentration (BAC) of between 0.08% and 0.10% is $100.00, up to $300.00, plus fees. An offender with a 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 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.
• 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) between 0.08% and 0.10%. The offender's license is suspended 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.
• 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.)

DUI Subsequent Offenses in Hayword, California

Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in California, you may not be aware of options and rights. This is why an aggressive and skilled lawyer can guide you through this emotionally challenging process. Please contact a California DUI defense attorney for a fast and free consultation.

Department of Motor Vehicles in California 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 arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.

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 or DWI 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.

How much does a DUI Cost?

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

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

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) law for commercial vehicle drivers, 0.01 percent BAC (blood alcohol content) out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent BAC (blood alcohol content) 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.