In California, an alcohol related DUI is made up of two different violations of the vehicle code. 23152 (a) is driving while impaired by alcohol, so that you are unable to operate a motor vehicle with the same standard of care as a sober person; and 23152(b) is driving with a blood alcohol level of .08% or higher.  A drug related DUI is driving while impaired by drugs so that you are unable to operate a motor vehicle with the same care as a sober person under the provisions of Vehicle Code section 23152(e).

A wet reckless charge is a reduced charge that a District Attorney (prosecutor) will sometimes offer when the original charge is a DUI with a low blood alcohol level. A wet reckless has the same point count on your driving record as a DUI (2 points), but generally has no additional jail time and a lower fine.  A wet reckless can still be used as a prior DUI in the event of a future DUI is usually ordered by the court.

Yes. In order to be released from jail without posting bail, you sign a legally binding agreement promising to appear in court on a particular date. If you do not appear in court, or have an attorney arrange to appear on your behalf, then you MUST go to court for your arraignment or else the judge will issue a warrant for your arrest for failing to appear. The consequences of not showing up for your arraignment are an additional charge for failure to appear, a suspension on your driver’s license until you do appear, and additional jail time.  In California, an attorney can appear for a defendant on a misdemeanor case at the arraignment and it is very common for this to occur.

An arraignment is a court date wherein the judge will tell you what your rights are (to be represented by an attorney, to have a jury trial, to subpoena witnesses on your behalf and confront the witnesses against you), what the charges are against you, and what the maximum punishment is for the crimes charged against you.

Abraham Lincoln famously stated, “An attorney who represents himself has a fool for a client!”

It is always a good idea, even if you plan to plea guilty to your charge, to have an attorney represent your interests and make sure all your rights have been protected. An attorney can also spend more time than the judge explaining the process and what you need to do to take care of your obligations. Judges also do not know about the intricacies of driver’s license suspensions and reinstatement because that happens in a separate, administrative, proceeding.

If you cannot afford to hire an attorney yourself (every county has different monthly income limits), then the court will appoint a public defender to represent you. Normally you will have to show up in court for your arraignment and then request the court appoint the Public Defender to assist you.  This may require you to come back for another court date in order to meet the public defender assigned to your case.

In all cases, it depends on the particular circumstances of your case and the county in which your charges are being prosecuted. The law is the same throughout the state, but each county has different policies in applying the law.  Generally speaking, a first offense DUI has a minimum mandatory jail sentence of 48 hours, or two days, and a maximum jail sentence of six months (though the maximum sentence is almost never imposed on a first offense). Sometimes courts will add on additional jail time if there was an accident or if the blood alcohol level is above a certain level, for example above a .15%.   Most people arrested for a DUI will be taken immediately to jail by the arresting officer. Judges are required to give credit for this time already served toward the final sentence. Many counties offer alternative sentencing programs, such as work release, where a person can work an 8-hour day for the probation or sheriff department in exchange for each day they are sentenced to serve in jail, or electronic home monitoring, which is where a person wears a GPS monitor and can work or be at home instead of housed in jail.

The total fine on DUI and all other criminal charges constantly varies because of changes in the laws every year. Under the DUI code sections however, the base fine is a minimum mandatory $390 and a maximum penalty of $1000. In every county, penalty assessments and surcharges are added in order to make the fine total over $2,200 for a first offense.

If you are in possession of a valid California Driver’s License at the time you are stopped and arrested on a first offense DUI, the arresting officer will generally take your license away and give you a temporary license that is a pink piece of paper. Read this paper carefully. This paper license is only good for the first 30 days following your arrest. On Day 31, what is called the “Admin Per Se” period of suspension begins. At the very least, for the next 30 days, you will have absolutely no privilege to drive in California. There is no way around that 30 day period of suspension unless certain steps are followed. Also the length of suspension can vary depending on your driving record and timing between arrest and when your criminal case goes to court and resolves.  However, if a DMV hearing is requested to challenge the Admin Per Se suspension, the DMV will issue a stay and that paper license will be valid until a decision has been made by the DMV as to whether or not your license should be suspended as a result of your arrest.  This hearing is waived if it is not requested.  Therefore to challenge this suspension, YOU MUST REQUST THIS HEARING WITHIN 10 DAYS OF YOUR ARREST. The Sacramento Driver Safety hearing office phone number is (916)227-2970.

A restricted license allowing you to drive to and from work, within the scope and course of your employment, and to and from alcohol-related counseling, can be issued by the DMV on Day 61 following your arrest (or later if a hearing is a requested) if the following three criteria have been met: 1) you provide proof of enrollment in a drinking driver program, generally ordered by the court; 2) you provide an SR-22 form from your insurance company showing proof of current insurance (this requirement is for three years from the date your privilege is reinstated); and 3) you pay a $125 re-issuance fee to the DMV (sometimes the DMV charges an additional $15 for processing). The restriction will last for 12 months.

Effective January 1, 2019, the Department of Motor Vehicles now has an option of an Ignition Interlock Device (IID) restricted license.  This restriction is available immediately upon suspension with all of the above listed criteria and an additional verification of installation form showing the IID is installed on your vehicle.  There are additional restriction fees along with the cost of the device, but the restriction is for 6 months and there is no work only limitation on where you can drive (the restriction is driving only with a vehicle equipped with an IID).

A DUI in California is expensive. Between court fines, the cost of the drinking driver program, an increase in your insurance rates, and the fees the DMV charges, you can expect to pay $3500 or more. Attorneys fees vary as well and are not included in that amount. I offer my clients a scale of services at different rates depending on the circumstances of their case and ability to pay and what level of representation is needed. Please contact me directly for more information.

An attorney-client relationship cannot be established with Alison Bermant simply by reading this website; that can be done only by contacting Ms. Bermant and by mutually agreeing on such a relationship. You may use email to contact Ms. Bermant, but do not email any confidential material or information before an attorney-client relationship has been established