What penalties do I face? 

For a 1st offense DUI, the minimum penalties include a minimum of 48 hours in jail, a 6 month license suspension, a 3 month DUI driving school and fines of $1,000 plus surcharges.

If your Blood Alcohol Concentration (BAC) is .15 or higher, prosecutors often seek more jail time and may seek to have you attend a 6 month DUI school.

If your BAC is .20 or higher, you may face additional jail time as well as a 9 month DUI school. Your license could be suspended for 10 months instead of 6 months.

For drivers with a commercial license (Class A or B), you face a 1 year suspension of your commercial license.

For 2nd offense DUI, the minimum jail time goes to 10 days. The DUI school increases to 18 months! Your license gets suspended for 2 years!

For drivers with a commercial license (Class A or B), a second DUI conviction results in your Class A or B license being revoked for 55 years!

For a 3rd offense DUI, the minimum jail time goes to 120 days! Your license gets revoked for 3 years. You are labeled a habitual traffic offender.

For a 4th offense DUI, it can be (and usually is) charged as a felony, with a minimum 180 day sentence!

For a DUI with injury, it too can be charged as a felony.

These are not the only penalties a person charged with DUI may face.

A consultation with an experienced DUI attorney is the best way to find out what you face based on the facts and circumstances of your individual case.

I had a child in my car when the officer stopped me. How does that affect my case?

The prosecutor can charge you with either an enhancement under Vehicle Code Section 23572 of an additional 48 hours to 90 days in jail, depending on any prior convictions or charge you with a separate crime of child endangerment under Penal Code Section 273A, which can be either a misdemeanor or a felony, depending on the circumstances involved.

I didn't drink any alcohol. How can I be charged with a DUI?

You can be charged under Vehicle Code Section 23152(a), which makes it illegal to drive under the influence of alcohol OR drugs OR the combined influence of both.

I have a prior conviction. Can that be challenged?

The good news is YES, it can be. This can be an effective way to reduce charges. A prior conviction can be challenged, but only once, through a motion to strike the prior as unconstitutional. That means convincing a judge that your entry of plea in the prior conviction was not knowingly, voluntarily and intelligently made. If successfully challenged, the prior conviction is stricken and cannot be used against you as a sentence enhancement. Also, the DMV must remove it from their records as well.

My friend said I shouldn't bother to fight my case. Is that true?

Friends, family and co-workers may mean well but they are not experienced DUI attorneys. They may have had a bad experience with their case (if they had a prior DUI) or they may simply be expressing the same subconscious prejudice that many people feel towards persons charged with DUI.

I think I should just go to court alone and plead guilty. Is that the best way to go?

That is just what prosecutors want you to think. They will not offer you any slack or listen to reasons why you deserve better treatment or lesser consequences. All that matters to the prosecutor is that they get as many convictions as possible while putting forth as little effort as possible.

The best way to fight your DUI is to hire an experienced DUI attorney who will fight for you and who knows how to best attack these types of cases.

Can I get my DUI reduced to a "wet reckless"?

Yes, it is possible to get your charges reduced. This depends are several factors, including your alleged BAC, the length of time between driving and the chemical test, recentness of alcohol consumption and other circumstances.

Is a "wet reckless" just the same as a DUI?

No, there are significant differences between the two. A "wet reckless" is actually a reduced charge for reckless driving involving alcohol (or drugs) under Vehicle Code Section 23103/23103.5. The major differences are that with a "wet reckless", there is no minimum jail sentence, the fine is less than for a DUI and there is no mandatory license suspension like there is with a DUI. A "wet reckless" can be used as a prior offense if you are charged with a future DUI within 10 years of the wet reckless conviction.

I am under 21. How does that affect my case?

For those under age 21, in addition other penalties, you face a 1 year license suspension if you have a BAC of .01 or higher.

What are my rights if I'm stopped for DUI?

All persons have the right to remain silent and not incriminate themselves, under the 5th Amendment of the U.S. Constitution.

You will need to show the officer your license, registration and insurance but you do not have to answers any questions. It helps to be polite to the officer but you don't have to answer his or her questions about whether you've had anything to drink or where you're coming from or going to.

If you are NOT on probation, then you may lawfully refuse any roadside chemical test. You may also refuse to do and field sobriety tests.

Most officers are trained to treat ALL traffic stops as DUI investigations. They are well trained and will ask you specific questions designed to get you to say you've had "a couple of beers (or drinks)."

Unfortunately, in California, asserting your rights may still mean the officer will arrest you, especially if he or she claims to smell or detect "the odor of an alcoholic beverage" or that you allegedly exhibit other so-called "objective symptoms of intoxication," such as bloodshot/watery eyes! 

If you are arrested by the officer for DUI, then you MUST submit to a chemical test to determine BAC.  

 If you ARE on probation, then as of 01-01-2009, under Vehicle Code Section 23154, you MUST submit to a preliminary alcohol screening device to determine if you've consumed any alcohol. Failure to do so can result in a license suspension of 1 to 3 years.

Additionally, most people on probation are subject to alcohol or drug search terms, meaning that under the terms of probation, you must consent to chemical testing at the request of a peace officer.