Modesto, California DUI Attorney

Being arrested for DUI is a serious offense that can have major repercussions, including jail time, loss of driving privileges, and monetary fines. It is crucial that anyone facing a California DUI understand what challenges they will encounter. Finding the legal advice of an aggressive and knowledgeable DUI criminal defense attorney will help you understand all of your rights and options, including any defenses you might use.

What happens if I was arrested for DUI in Modesto?

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 very important to remember that there may be additional penalties to consider and each action must be handled separately.

Penalties for First Time DUI or DWI Offenders

• Chemical Test Refusal in Modesto, 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.
• 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 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.
• 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.
• 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 - In Modesto, California, the minimum mandatory fine for a first time DUI is $390.00.
• 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 blood-alcohol concentration (BAC) 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.

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 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 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.

• The Wet Reckless Programs serve persons convicted of reckless driving with a measurable amount of alcohol in their blood.
• 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 18-Month Programs serve second and subsequent DUI offenders; while the 30-Month Programs serve those with third and subsequent DUI offenders.

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 Treatment Program: $550
• California DMV Reissue Fee: $100
• 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 (blood-alcohol concentration) 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.)

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

California 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.