Get help from a Upland, California DUI Attorney

DUI in Upland, California

Once you have been cited for violating the California DUI statute, the state initiates two simultaneous, but separate, legal actions against you. The criminal action is in response to the ticket that was issued to you. The administrative action is brought against your California driver's license by the Department of Motor Vehicles in California. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

Being charged with DUI (driving under the influence) can have serious consequences, including loss of driving privileges, jail time, and monetary fines. It is important that anyone facing a California DUI charge understand what challenges they will face along the way. Seeking the legal advice of an accomplished and experienced DUI attorney will help you understand all of your rights and options, including any defenses you might use.

Penalties for First Time DUI (driving under the influence) Offenders

• 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 level 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.
• 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.
• Monetary Fines - In Upland, California, the minimum mandatory fine for a first time DUI is $390.00.
• Chemical Test Refusal - In Upland, 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 Upland, California, a DUI conviction results in the suspension of driving privileges for 4 months.
• Jail Time - A first time DUI or DWI offender will face up to one (1) year time in jail.

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 an accomplished and experienced attorney can guide you through this emotionally challenging process. Please contact a California DUI (driving under the influence) defense attorney for a consultation.

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.)

Upland, California DUI or DWI 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 (driving under the influence) offenses by persons who complete a state-licensed DUI (driving under the influence) 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.

DUI Costs

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

• DUI or DWI 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 BAC (blood-alcohol concentration) 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.)

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 (CHP) 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 (driving under the influence) arrest. The Court trial deals with whether you are innocent or guilty of a criminal act.