Driving Under The Influence
DUI AND THE CRIMINAL COURTS

DUI :: Home | Criminal Courts | DMV Hearings
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Under California Vehicle Code Section 23152:

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Under California Vehicle Code Section 23153:

(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

After being arrested for DUI/DWI you will be provided with a Notice to Appear in criminal court to face charges for violation of either one or both of the statutes stated above. The Prosecutor will review the Arresting Officer's file and determine what charges will be filed against you. The potential penalties for DUI/DWI largely depend on the number of prior DUI/DWI convictions you have. All DUI/DWI convictions will result in a suspension of your license, separate from any suspension imposed by the DMV.

Provided below are punishments the Courts may impose on you for violating CVC §23152:
  • First Conviction - 96 hours to 6 months jail; $390 to $1000 fine, plus assessments; 3 to 5 years probation; mandatory alcohol/drug program; 6 month license suspension
  • Second Conviction (Within 10 Years) - 90 days to 1 year jail or more; $390 to $1000 fine, plus assessments; 3 to 5 years probation; mandatory alcohol/drug program; 2 year license suspension; optional ignition interlock; mandatory car impound
  • Third Conviction (Within 10 Years) - 120 days to 1 year jail or more; $390 to $1000 fine, plus assessments; 3 to 5 years probation; mandatory alcohol/drug program; 3 year license suspension; optional ignition interlock; mandatory car impound
  • Fourth Conviction (Within 10 Years) - 180 days to 1 year jail or more; $390 to $1000 fine; 3 to 5 years probation; mandatory alcohol/drug program; 4 year license suspension; optional ignition interlock; mandatory car impound; 3 year designation as habitual traffic offender
NOTE: This chart is not exhaustive of the potential penalties that may be imposed by the Courts.

While you may represent yourself or request that a pubic defender to defend you, it would be advantageous for you to have a knowledgeable and experienced DUI/DWI attorney, like the attorneys at The Marquart Law Group, to zealously advocate on your behalf. Our attorneys may be able to have the charges against you dismissed or reduced, and lessen the penalties imposed upon you if convicted. Contact the experienced attorneys at The Marquart Law Group to discuss your options.