Having your license suspended is one of the most significant penalties for DUI in California. While you can lose your license if convicted of DUI in court, much more common is simply losing it due to administrative action of the DMV. If you don't get your DUI overturned at the DMV hearing, you would likely see a 4-month license suspension for a first-time DUI. For refusing the chemical test, it is raised to a 12-month suspension, and repeat offenses involve steadily rising suspension times.

However, a good lawyer can often prevent a DMV suspension ruling or ensure you get a restricted license so you can drive to/from your job, school, and DUI class. Also, it is often possible for first time offenders to be allowed to continue to drive their own vehicles if they install an ignition interlock device (IID).

Note that if you skip your DMV hearing, your license will automatically expire and be suspended on the date indicated on your "pink slip." Fighting to avoid or minimize licenses suspension is worth it, and we can assure you that success is common, not rare.

DUI of drugs (DUID) is punished the same way as DUI of alcohol in California. In some ways, it is prosecuted the same way too, but the difference is that there is nothing to correspond to BAC level limits (.08) in the law. It is simply a matter of proving that the defendant had drugs in his or her system while driving and that this detracted from his/her ability to drive safely.

Note that the drugs involved can be illegal narcotics, prescription meds, or over the counter drugs. Or, it could be a combination of drugs and alcohol in one's system. All of that is a form of DUI and treated basically the same under California law. Also, marijuana counts as a drug for the purposes of DUIDs, despite its legalization and regardless of whether or not you have a valid prescription. 

Even a first time DUID that's a misdemeanor can cause you to lose your driver's license for at least 4 months, get you 3 to 5 years of DUI probation, subject you to a fine of $1,800, and require DUI School. This is no minor matter - and a DUID conviction or DMV ruling is well worthwhile fighting.

Your DMV hearing is where it will be decided whether administrative action will be taken against your California driving privileges. This is not the place where other penalties, such as jail time, fines, DUI School requirements, or the like, will be decided - that is decided in a separate court case. 

You do not automatically get a DMV hearing. You have to request one within 10 days of being issued the DUI citation or you can lose your right to a hearing. That would not cancel your right to a jury trial, but it would mean losing your license for sure for at least until you can go to court and win it back.

The main issues looked at during your DMV hearing are: whether or not police had probable cause to pull you over and to arrest you and whether or not your BAC was truly at .08 or higher. However, other issues can arise too if they impact the validity of the DUI citation. A good DUI attorney will know how to put you in the best possible position at your hearing.

DUI causing bodily injury to another person is a more serious offense than just an ordinary DUI. VC 23153 adds additional penalties to DUI causing injury or death, and it can sometimes be charged as a felony, depending on the details of the case.

Note that to be found guilty of DUI with injury you not only have to have committed DUI and an injury had to be involved in the accident - but it must be shown that that injury was the result of some negligent act on your part. It's not enough for the prosecution to merely show that a DUI occurred and an injury occurred - after all, sober drivers too can violate driving laws and cause accidents and injuries.

Misdemeanor DUI with injury is punishable a driver's license suspension of 1 to 3 years, a fine of up to $5,000, five days in county jail, up to 30 days of DUI School, and full restitution to the injured victim(s). Felony DUI with injury can be punished by 2 to 4 years in state prison, a 5-year license suspension, and being classed as a habitual traffic offender for 3 years.

Under VC 23572, it is a specific crime to commit DUI while a minor passenger below the age of 14 is present in the vehicle. This crime is also referred to as DUI with child endangerment and is a very serious allegation.

For a first offense, there is a mandatory 48 hours in jail, and this increases until a fourth offense gets you 90 days in jail or more. Sentencing can also be enhanced if it is determined the defendant intended to harm the child, was excessively intoxicated (.16 BAC for example), or displayed particularly reckless driving patterns. But the elements of the crime, in general, are quite simple: you committed DUI and someone under 14 was in the car with you at the time.

In many cases, it is possible to secure a plea bargain in a DUI with child endangerment case to a reduced charge in exchange for a guilty plea. But of course you always fight for a total victory in every case wherever it is at all possible.

Most DUIs in California are misdemeanor offenses, which is not to say that they are not punished severely but only that a felony would be punished even more severely. There are several ways a DUI can become a felony.

First, if a DUI caused serious bodily injury or death to another person, it will likely be charged as a felony. Second, a fourth or subsequent DUI offense is automatically a felony. Third, if you have a previous felony DUI on your record, then a new DUI will also be charged as a felony.

Since felony DUIs will be punished with long license suspensions or revocations, high fines, long DUI class requirements, IID installation at one's own expense, and often years-long state prison terms, it is especially critical to avail yourself of the best possible DUI defense in such cases.

Under VC 20001, it is illegal to leave the scene of an accident when someone is injured or killed; and VC 200002 covers the same in regard to accidents where property damage occurred. This applies to when someone else was injured or another person's property was damaged, not your own.

A hit and run accident, where you failed to stop and exchange information and to try to help anyone whom you knew was injured at the scene is a serious charge in itself and often a felony. A DUI on top of that only makes the overall charge and risks of conviction that much more serious. You risk potentially multiple years in prison for each offense if convicted, and with the stakes so high, you need to rely on the absolute best DUI defense.

In many instances, even a first time (and especially second or subsequent offenses) DUI can result in an IID installation requirement, at your own expense. An IID requires you to submit a breath sample before your vehicle will start up each time you go to use it.

A SCRAM continuous alcohol monitoring system may also be ordered by the court if you are deemed to be addicted to alcohol. SCRAM is worn as a locked-on bracelet and periodically test the skin for alcohol - as alcohol is perspired to a degree.

SR22 is a form your auto insurer submits to the DMV verifying you have met the state's minimum liability requirements for car insurance. It is required after you have a DUI on your record and leads to increases in insurance rates or even being denied coverage by some insurers.

If you are arrested for DUI and you are under the legal drinking age of 21, penalties can become more severe. A one year license suspension is likely, along with other penalties, under California's Zero Tolerance Law. 

Also, there is a specific law dealing with .05 BAC or higher for underage drinker-drivers. And you can be charged as an "adult" if BAC is .08 or higher, if you committed DUID, if your driving patterns were especially poor, or if you committed DUI with injury.

Note that any detectable BAC at all (.01%) is enough for conviction of Underage DUI, even if it did not actually impair your driving ability. Many times, you can get a favorable plea deal in underage DUI cases, with the help of a skilled DUI lawyer, or even a dismissal, but as the rules differ from ordinary DUI - be sure your attorney has experience with underage cases specifically.

Under Penal Code Section 192c, it is a felony crime of Vehicular Manslaughter to drive in a grossly negligent manner and/or while committing an unlawful act (traffic violation) that results in the death of another person.

If a DUI was committed at the same time, then it is vehicular manslaughter while intoxicated and gets an enhanced sentence. When the death of another is caused while someone commits a felony crime, it is murder instead of manslaughter.

When only "ordinary" instead of "gross" negligence was involved in causing the accident and death, then you might be charged with a misdemeanor level vehicular manslaughter instead of a felony. Also, realize that causing the death of another due to DUI when it is a repeat offense and you received the "Watson Warning" following your first DUI can be charged as "Watson Murder" under PC 192c instead of vehicular manslaughter.

Obviously, this charge is one of the most serious ones you can face within the pale of DUI charges. We at Van Nuys DUI Attorney have deep experience in this practice area and know how to fight for and obtain an acquittal, dismissal, or reduced charge/sentence.

Reckless driving is a serious offense but not nearly as severely punished as is DUI. For that reason, it is sometimes desirable to seek a plea deal to reduce a DUI charge to a "wet reckless" charge. Wet reckless is never an initial charge but only a reduced one, and it is just reckless driving with a note attached that you were intoxicated at the time.

While it might seem like there's little difference between official DUI and wet reckless, it makes a big difference in regard to your license and staying out of jail or prison. It may not affect your employment opportunities like a DUI would either, depending on the employer. It does, however, still count as a prior in determining future DUIs - that is, a DUI conviction with a wet reckless conviction already on one's record counts as a second DUI as far as sentencing.

Oftentimes, if your BAC was relatively low or if the prosecution isn't sure of their evidence 100% (but the defense also isn't sure of getting the charge completely set aside), a wet reckless plea deal is a workable compromise. It may be better than risking a full out DUI conviction.