Lawyers In Monterey County
DUI Help Center
Charges for driving under the influence of alcohol or drugs can lead to costly fines, jail time, and loss of driving privileges. Defense lawyers experienced in DUI litigation can employ numerous tactics to reduce sentencing exposure and avoid conviction altogether.
Ten Day Requirement
At the time of any arrest for DUI, the arresting officer issues a notice of suspension or revocation of the driver’s license. The driver is entitled to request a hearing to contest the suspension or revocation, but the request must be made within ten days of the receipt of the notice of suspension or revocation. If you have been arrested for DUI and need help filing your request for a hearing, contact us today.
Driving Under the Influence (DUI)
In California, DUI means driving while impaired by alcohol or drugs; driving while intoxicated (DWI) is simply another way of stating DUI. A first offense DUI is usually charged as a misdemeanor, unless there is injury involved, in which case the charge may be filed as a felony.
A blood alcohol concentration (BAC) of .08 percent constitutes a DUI, and a BAC of .15 percent or higher may lead to increased sanctions. California has an implied consent law, meaning that by having a California driver’s license, you consent to have your BAC measured. You may refuse to submit to a blood test or other field sobriety test, but that can result in a fine, suspension of your license, or mandatory jail time.
Punishments for DUI – First Offense
A DUI conviction in California is punishable by the following: up to $2,000 fine; minimum jail time of 48 hours, but no more than 6 months; license suspension (for four months, or 30 days if hardship is shown); first offender school for three to nine months; and three years of informal probation.
Additionally, the court may order your vehicle to be impounded, or require that an ignition interlock device be installed. An ignition interlock device tests your alcohol leve each time you drive your car, and can prevent your vehicle from being operated if your BAC is over a certain threshold.
If you are under the age of 21, consequences of a DUI conviction ca include license suspension for up to a year and mandatory alcohol education classes.
Punishments for DUI – Second Offense or Beyond
If you already have one or more DUI convictions within the last ten years, any additional convictions are punishable by the following: up to $3,000 fine; mandatory jail time, usually with a minimum of 30 to 60 days, but no more than one year; one year license suspension; 18-30 months of attendance at an approved DUI education program; and three to five years of informal probation, or formal probation if there are two or more prior DUI offenses.
Multiple DUI convictions may also result in the revocation of your drivers license and an order to impound your vehicle.
As of January 1, 2009, if you are on probation and are found to have a BAC of .01 percent or higher while driving, you may face the following: license suspension, a citation for probation violation, and vehicle impoundment.
Seek Experienced Legal Counsel
An experienced DUI attorney can help you file a timely request for a hearing, navigate the court process, and preserve all of your legal rights. Terrance K. McCleerey, Attorney at Law, has the experience and expertise required to effectively defend you in your DUI case in Salinas and throughout the Monterey Peninsula area. For more information or to schedule a free consultation, contact Terrance K. McCleerey, attorney in Monterey County today.