Santa Rosa, California DUI Criminal Defense Lawyer

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

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 Department of Motor Vehicles in California. While both actions can result in the suspension of your driving privileges. Because of this, it is important to remember that there may be additional penalties to consider and each action must be handled on their own.

Being arrested for DUI is a serious offense in Santa Rosa, California that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is crucial that anyone facing an DUI charge in California understand what challenges they will face. Seeking the legal advice of a capable and experienced DUI lawyer will help you understand all of your rights and options.

Penalties for First Time DUI or DWI Offenders

• Jail Time - A first time DUI (driving under the influence) offender will face up to one (1) year jail time.
• Monetary Fines for DUI - A first time DUI offender with a BAC (blood alcohol content) of between 0.08% and 0.10% will have fines starting at $100.00, up to $300.00, plus fees. An offender with a BAC (blood alcohol content) of between 0.10% and 0.15% is subject to a maximum fine of $400.00, plus fees. A first time DUI or DWI offender with a BAC (blood alcohol content) of 0.15% or higher will pay a fine of $500.00, plus fees.
• 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 content (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.
• Chemical Test Refusal - In Santa Rosa, California, refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.
• 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.

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 a capable and experienced lawyer can guide you through this emotionally challenging process. Please contact a California DUI or DWI criminal defense lawyer for a fast and free consultation.

DUI Costs

Here is a breakdown for a first DUI offense in Santa Rosa, California:

• DUI (driving under the influence) Treatment Program: $550
• Fines - Penalties: $1,500
• Tow - Impound Fee: $190
• Department of Motor Vehicles in California 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 (CHP) aggressively enforces the state's 0.08 percent BAC (blood alcohol content) 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.)

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 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.

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 (driving under the influence) 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.

What is "Admin per se?"

"Admin per se" refers to a relatively new procedure, administrative license suspension, in which a driver's 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.