Stockton, California DUI Criminal Defense Attorney

What happens if I was arrested for DUI in Stockton?

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 in California. Because of this, it is imperative 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 Stockton, California that can have major consequences, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing a California DUI understand what challenges they will face. Seeking the legal advice of a capable and skilled DUI defense lawyer will help you understand all of your options and rights.

DUI Penalties for First Time Offenders

• California Driving Privileges and DUI - In Stockton, California, a DUI conviction results in the suspension of driving privileges for 30 days, up to 180 days for offenders with a BAC 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.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC level 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 Evaluation - Successful completion of a drug and alcohol program is required for reinstatement of driving privileges.
• 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 Stockton, California, refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 1 year.
• Monetary Fines - In Stockton, California, the minimum mandatory fine for a first time DUI is $390.00.

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 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 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.

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.

DUI Costs

Here is a breakdown for a first DUI offense in Stockton, 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 aggressively enforces the state's 0.08 percent blood-alcohol concentration (BAC) law, Administrative Per Se laws (immediate driver license suspension), 0.04 percent BAC level law for commercial vehicle drivers, 0.01 percent BAC level out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent BAC level limit for drivers under 21 years of age (zero-tolerance.)

The California Highway Patrol (CHP) conducts DUI task force operations (also known as saturation patrols), in areas experiencing a high incidence of DUI or DWI traffic collisions.