Get help from a Thousand Oaks, California DUI Criminal Defense Lawyer

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 important that anyone facing a California DUI understand what challenges they will encounter. Finding the legal advice of a capable and experienced DUI criminal defense lawyer will help you understand all of your rights and options.

California DUI (driving under the influence)

Once you have been arrested for DUI, the arresting officer retains your state issued driver's license and you are issued an "Order of Suspension and Temporary License," which allows you to drive for 30 days from the date the order was issued. Pursuant to California law, an individual has 10 days to request an administrative hearing from the California DMV. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's 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.

What happens if I was arrested for DUI in Thousand Oaks?

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. Because of this, it is imperative to remember that there may be additional penalties to consider and each action must be handled separately.

Penalties for First Time DUI Offenders

• 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.
• Chemical Test Refusal - In Thousand Oaks, 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 Thousand Oaks, California, a DUI conviction results in the suspension of driving privileges for 4 months.
• Monetary Fines - In Thousand Oaks, California, the minimum mandatory fine for a first time DUI is $390.00.
• 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.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood-alcohol concentration) 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 a capable and experienced criminal defense lawyer can guide you through this emotionally challenging process. Please contact a California DUI criminal defense lawyer for a fast, free consultation.

DUI and California Highway Patrol

The California Highway Patrol (CHP) aggressively enforces the state's 0.08 percent Blood Alcohol Content (BAC) level law, Administrative Per Se laws (immediate driver license suspension), 0.04 percent BAC (blood-alcohol concentration) law for commercial vehicle drivers, 0.01 percent BAC (blood-alcohol concentration) out-of-service requirement for commercial vehicle drivers (24-hour tie-up), and the 0.01 percent BAC (blood-alcohol concentration) limit for drivers under 21 years of age (zero-tolerance.)

The California Highway Patrol 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.

How much does a DUI Cost?

Costs for DUI have been estimated to be more than $5,540. (Actual costs may vary. This amount does not include attorney fees or lost wages due to court appearances.) Here is a conservative itemized breakdown for a first DUI offense:

• Fines/Penalties: $1,500
• Tow/Impound Fee: $190
• DUI Treatment Program: $550
• Insurance Increase: $2,700
• Restitution Fund: $500
• DMV Reissue Fee: $100
• Approximate Cost: $5,540

Thousand Oaks, 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 offenses by persons who complete a state-licensed DUI 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.