Walnut Creek, California DUI Criminal Defense Lawyer

Being arrested for DUI is a serious offense that can have serious repercussions, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing a California DUI understand what challenges they will encounter. Finding the legal advice of an assertive and professional DUI criminal defense attorney will help you understand all of your rights and options.

What happens if I was arrested for DUI in Walnut Creek?

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

DUI Penalties for First Time 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 or DWI offender will face up to one (1) year time in jail.
• Chemical Test Refusal - In Walnut Creek, 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 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 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.
• Monetary Fines for DUI - A first time DUI offender with a blood-alcohol concentration (BAC) of between 0.08% and 0.10% will have fines starting at $100.00, up to $300.00, plus fees. An offender with a blood-alcohol concentration (BAC) of between 0.10% and 0.15% is subject to a maximum fine of $400.00, plus fees. A first time DUI (driving under the influence) offender with a blood-alcohol concentration (BAC) of 0.15% or higher will pay a fine of $500.00, plus fees.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) 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.

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.)

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

DUI and California Highway Patrol

The CHP aggressively enforces the state's 0.08 percent blood-alcohol concentration (BAC) 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 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.

DUI Costs

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

• DUI or DWI Treatment Program: $550
• Fines - Penalties: $1,500
• Tow - Impound Fee: $190
• California Department of Motor Vehicles Reissue Fee: $100
• Restitution Fund: $500
• Auto Insurance Increase: $2,700
• Total Approximate Cost: $5,540

Note: There may be more costs involved.

Walnut Creek, 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.