Long Beach, California DUI Attorney

Arrested for DUI in Long Beach, 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 Department of Motor Vehicles. 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.

If you are arrested for DUI in Long Beach, California, it is a serious offense that can have major repercussions, including loss of driving privileges, jail time, and monetary fines. It is crucial that anyone facing a DUI (DWI) charge understand what challenges they will encounter. Seeking the advice of a capable and knowledgeable DUI attorney will help you understand all of your rights and options, including any defenses you might use.

DUI or DWI and Long Beach, 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 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 (Department of Motor Vehicles) within 10 days.

DUI Penalties for First Time Offenders

• Jail Time - A first time DUI or DWI offender will face up to one (1) year jail time.
• Chemical Test Refusal - In Long Beach, 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 Long Beach, 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 - In Long Beach, 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.
• 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 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.

DUI Subsequent Offenses in Long Beach, 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 rights and options, including any defenses you might use. This is why a capable and knowledgeable attorney can guide you through this emotionally challenging process. Please contact a California DUI (driving under the influence) lawyer for a quick and easy 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.)

DUI and California Highway Patrol

The California Highway Patrol (CHP) aggressively enforces the state's 0.08 percent blood alcohol content (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.

DUI Costs

Here is a breakdown for a first DUI offense in Long Beach, California:

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

Note: There may be more costs involved.

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.