DUI Attorney - Santa Cruz, California

What happens if I was arrested for DUI in Santa Cruz?

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 driving privileges in California. Because of this, it is very important to remember that there may be additional penalties to consider and each action must be handled separately.

Being arrested for DUI is a serious offense in Santa Cruz, California that can have major repercussions, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing a DUI (DWI) charge understand what challenges they will face. Seeking the legal advice of an accomplished and professional DUI attorney will help you understand all of your rights and options.

Penalties for First Time DUI or DWI 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 (driving under the influence) offender will face up to one (1) year time in jail.
• Chemical Test Refusal - In Santa Cruz, 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 Santa Cruz, California, a DUI conviction results in the suspension of driving privileges for 4 months.
• Monetary Fines - In Santa Cruz, 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 content (BAC) of 0.04. A first time DUI (driving under the influence) 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 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 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 an accomplished and professional attorney can guide you through this emotionally challenging process. Please contact a California DUI or DWI lawyer for a consultation.

Santa Cruz, California DUI Cost?

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

• Car Insurance Increase: $2,700
• Fines/Penalties: $1,500
• California DMV Reissue Fee: $100
• Tow/Impound Fee: $190
• DUI Treatment Program: $550
• Restitution Fund: $500
• Total 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 content (BAC) law for commercial vehicle drivers, 0.01 percent blood alcohol content (BAC) out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent blood alcohol content (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.

California DMV (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.

Santa Cruz, California DUI (driving under the influence) Programs

The Driving-Under-the-Influence (DUI) Program Branch within the Office of Criminal Justice Collaboration, through the Department of Alcohol and Drug Programs, licenses and performs compliance monitoring on all DUI programs throughout 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 or DWI program.

• 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.
• 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.

What is "Admin per se?"

In California, "Admin per se" refers to a relatively new procedure, administrative license suspension, in which a license may be taken before conviction when a driver fails or refuses to take a chemical test for alcohol. As of 2004, 45 states including Washington, D.C. had administrative license suspension laws. In California a driver's license is suspended for four months on a first offense, and one year for a second offense.