DUI Attorney - Humboldt, California

What happens if I was arrested for DUI in Humboldt?

Under 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 license by the California DMV (Department of Motor Vehicles). While both actions can result in the suspension of your California driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

If you are charged with DUI in Humboldt, California, it is a serious offense that can have serious repercussions, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing a California DUI charge understand what challenges they will encounter. Seeking the advice of a capable and skilled DUI lawyer will help you understand all of your rights and options.

Penalties for First Time DUI or DWI 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 blood-alcohol concentration (BAC) 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.
• Monetary Fines - In Humboldt, California, the minimum mandatory fine for a first time DUI is $390.00.
• 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 Humboldt, 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.

DUI Subsequent Offenses

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 rights and options. This is why a capable and skilled lawyer can guide you through this emotionally challenging process. Please contact a California DUI or DWI defense attorney for a fast and free consultation.

Alcohol and 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 DMV 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.

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.

How much does a DUI Cost?

Costs for DUI have been estimated to be more than $5,540. (Actual costs may vary. This amount does not include attorney fees or lost wages due to court appearances.) Here is a conservative itemized breakdown for a first DUI offense:

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

DUI and California Highway Patrol

The CHP aggressively enforces the state's 0.08 percent BAC (Blood Alcohol Content) level law, Administrative Per Se laws (immediate driver license suspension), 0.04 percent blood-alcohol concentration (BAC) law for commercial vehicle drivers, 0.01 percent blood-alcohol concentration (BAC) out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent blood-alcohol concentration (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 conducts DUI task force operations, or saturation patrols, in areas experiencing a high incidence of DUI-related traffic collisions.