In America, more people are arrested for driving under the influence (DUI), also called driving while intoxicated (DWI), than for any other crime.  According to the Center for Disease Control, each year an estimated 120 million episodes of alcohol-impaired driving occur in the United States.  Each year, approximately 1.5 million drivers are stopped and arrested for DUI.  Approximately one-third of DUI offenders are repeat offenders.

It would be a mistake to assume that DUI is just another traffic offense.  With constant additions by legislators, DUI law has become a very technical area of law, where the accused has fewer due process and other rights than with almost any other crime.  California's DUI laws are among the most complex in the nation.  You definitely need the help of an experienced lawyer in fighting a DUI charge.

What is DUI?

In California and most other states, there are actually two main DUI offenses:

• (1) driving a vehicle while impaired by alcohol and/or drugs; and/or
• (2) driving a vehicle with a blood alcohol concentration (BAC) greater than allowed by law.  In California, an adult driver is considered DUI with a BAC of .08% or greater.  (For a driver under 21 years of age, California sets the DUI threshold at a BAC of .05%.  For drivers of commercial vehicles, the DUI threshold is .04%.)
  

(Vehicle Code §§ 23152, 23140.)

Defenses

Potential defenses are many and can become quite technical, as explained elsewhere; but, they generally fall into three interrelated areas: (1) the traffic stop; (2) the arrest; and (3) the collection of evidence.  The police must have had a "reasonable suspicion" of a violation before stopping the driver; they cannot just stop a driver capriciously.  Then, in the course of interviewing and observing the stopped driver, the police must acquire "probable cause" for an arrest.  If either the stop or arrest is flawed, then subsequently-gathered evidence may be suppressed.  The peace officers must also observe protocols in the collection of evidence, particularly when giving the chemical tests; otherwise, the evidence can be challenged.  Your attorney will examine the record, conduct discovery, and carefully look for defects in the prosecution's case.

Penalties

The penalties for a DUI conviction vary from state to state, but over the years the trend has been toward tougher laws in all states.  California's DUI laws are among the most strict.  In California, driving DUI can result in vehicle impoundment or confiscation, license suspension, jail time, probation, fines, and DUI school.  The penalties are enhanced for factors including prior DUI offenses (within 10 years), speeding, having children under 14 in the car, and causing injury.

In California, a first DUI offense (where there are no injury or other enhancement factors present) is punishable by:

• up to six months in jail

• restitution and fines of between $1,700 and $2,000

• DUI school

• probation of up to 5 years

• license suspension of 6 months 

Note that these penalties are just the maximum allowed by law.  Even on conviction at trial, for a simple DUI, the sentence will often be far below the maximum.  Usually, it is possible to negotiate a plea bargain before trial involving lesser charges/penalties.  The degree to which the DA is willing to bargain will be determined by your record and by the strength of the evidence against you.  The Court can often be persuaded to convert jail time to a weekend work program, available in many California counties.  Please choose the "DUI Penalties" menu item for more information on penalties.