Santa Clara, California DUI Attorney

Arrested for DUI in Santa Clara, 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, it is crucial to remember that there may be more penalties to consider and each action must be handled on their own.

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

DUI or DWI - Santa Clara, California

Once you have been arrested for DUI in Santa Clara, California, the arresting officer retains your state issued driver's license and you are issued an "Order of Suspension and Temporary License." This allows you to drive for 30 (thirty) days from the date the order was issued. According to California law, you have 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 Department of Motor Vehicles in California within 10 days. A free, professional consultation with a Santa Clara, Califonia DUI defense attorney will help you understand all of your options and rights.

DUI Penalties for First Time Offenders

• 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.
• 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 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.
• California Driving Privileges and DUI - In Santa Clara, 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.
• Monetary Fines - In Santa Clara, California, the minimum mandatory fine for a first time DUI is $390.00.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood-alcohol concentration (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.

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

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 competent and skilled defense lawyer can guide you through this emotionally challenging process. Please contact a California DUI criminal defense lawyer for a professional and free consultation.

DUI Costs

Here is a breakdown for a first DUI offense in Santa Clara, 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.

DUI and California Highway Patrol

The California Highway Patrol 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 CHP conducts DUI task force operations, or saturation patrols, in areas experiencing a high incidence of DUI-related traffic collisions.

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 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.

California "Admin per se"

"Admin per se" in California refers to a procedure (administrative license suspension) in which a driver's California license may be taken before conviction when a driver refuses to take or fails a chemical test for alcohol.