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Phone: (530) 244-1755
PENALTIES CAN VARY BASED ON THE FACTS
OF YOUR CASE AND THE QUALITY OF YOUR REPRESENTATION. AS SUCH, THE BELOW IS A GENERAL OUTLINE OF WHAT
YOU MAY EXPECT: A first offense DUI conviction usually results in the following: 1. Fines, court fees, and restitution payments totalling approximately $1,800; 2. A required 48 continuous hours in jail (work
service conversion is possible), but up to 6 months; 3.
Three to five years Court Probation (strict terms); 4.
Depending on Blood Alcohol Concentration [BAC], 90 to 180 days of mandatory DUI school (costing at least $500) -- List of DUI Schools; 5. Six month loss
of your Driver's License (depending on alcohol level) -- as of September 2004, it will be up to the DMV to determine whether
a restricted Driver's License should be issued. Suspension means absolutely no driving -- restriction allows
driving to and from work. A second offense DUI (within ten years) usually results in the following: 1. Fines, court fees, and restitution payments totalling approximately $2800; 2. A required 96 hours in jail [work service conversion is possible]. Most counties insist on 10 to 30 days in jail. Shasta County usually insists on 10 to 20 days in jail, a one year license suspension [18 month license restriction], and substantially increased fines. 3. Three to five years Court Probation (strict terms); 4. 18 month DUI school -- List of DUI Schools; 5. Your lawyer may be able to obtain a restricted license after ONE YEAR and an ignition interlock device [IID], which tests your breath for alcohol, must be installed. As of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued. Suspension means absolutely no driving -- restriction allows driving to and from work. A third offense DUI (within 7 years) can result in the following: 1. Fines, court fees, and restitution payments totalling approximately $2800; 2. A required 120 days in jail [conversion alternatives for home arrest, rehab, or some combination is possible]. Most counties insist on at least 210 days in jail and some require a full year. 3. Three to five years Court Probation (strict terms) or Formal Probation; 4. 18 month DUI school -- List of DUI Schools; 5. Up to a THREE YEAR loss of your Driver's License. As of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued. Suspension means absolutely no driving -- restriction allows driving to and from work. A fourth offense DUI within seven years (or within ten years of a prior felony) is a felony, punishable by up to THREE YEARS in State Prison and the permanent loss of your Driver's License and MORE. If anyone was injured (including yourself) in connection with a DUI, if may be charged as either a FELONY DUI or a misdemeanor DUI. These case have substantial impact involving jail and loss of license. Sentence Enhancements: Vehicle may be impounded for up to 6 months, plus Up to 3 years Ignition Interlock Device (IID) and additional jail time if: a) Child passenger; b) If driving over 30 mph on the freeway; c) If driving over 20 mph on any other road; d) BAC of .15 or more; or e) Refusal to take a chemical test. Misdemeanor DUI involving injury should result in a mandatory one year license suspension. If your blood alcohol level is .15 or .20 or more, enhanced sentences may apply. MURDER may be charged if you kill someone durning a fourth offense DUI. Note: Upon conviction of even a first time DUI, you will no longer be allowed to enter Canada. DMV PENALTIES: First Offense .08 or more: Four (4) month suspension. Refusal: One (1) year revocation Second Offense (within 10 years): One (1) year revocation Refusal: Two (2) year revocation Third Offense (within 10 years) with .08 or more: Three (3) year revocation Refusal: Three (3) year revocation Fourth Offense (within 10 years) with .08 or more: Four (4) year revocation Refusal: Four (4) year revocation Driving on a Suspended License Mandatory Jail Penalty If you drive while your
privilege is suspended or revoked, for driving under the influence of alcohol, upon a first conviction, you face: If going to court on
your own in Shasta County, expect the following:
1. Judge usually states that the District Attorney's [DAs] best offer will made at arraignment. FALSE: Without knowing the particular facts and circumstances of your case, it is impossible to know what the DA's "best offer" would be. 2. If you want a public defender, the court usually asks you to state your gross income in open court. If you qualify, the court will tell you that the Public Defender charges $60.00 an hour and that you will not be charged a fee if the Public Defender resolves the matter TODAY. PRIVACY VIOLATION: Your income is private information and it's completely inappropriate for the court to ask that you disclose it to the whole world. You GROSS INCOME is also irrelevant because it may be completely different than your NET INCOME, which is the determining factor. Any information you submit should be in writing: hand it to bailiff (to give to the judge) and mark it CONFIDENTIAL. If you qualify for Public Defender, you will likely still have to pay for the Public Defender after dismissal, plea, or trial. 3. The court will state that there are three things that it can resolve at arraignment/sentencing -- money (fines, court costs, booking fees, and restitution), jail time, and probation. Note: The Court does not address matters involving the DMV and you DO NOT get the benefit of a Public Defender in matters involving the DMV. Information obtained through the DMV can be instrumental in the defense of DUI case. 4. The court will often give you a two week continuance to find an attorney. Note: DO NOT abuse this request by asking more than once or twice. 5. Court may also allow the District Attorney give you legal advice -- such as whether the DA thinks you may be eligible for a restricted license (driving to and from work), if you plead guilty "TODAY." 6. If you want to plead guilty, and have a defense, and the court allows you state your defense/excuse for whatever reason -- the court will likely state that it will not put its career on the line by letting a DRUNK DRIVER off the hook. NOTE: Judge and District Attorneys (DAs) are not your attorney. Although judges are supposed to be impartial, they often come right out of the DAs office and/or see their duty as trying to resolve matters that come before them swiftly (rather than protecting your rights). Resolving the matter TODAY is often to your disadvantage. As a defendant, the DA should not be relied upon for any information. REMEMBER: criminal law is an adversarial process and the DA is trying to punish you (i.e., put you in jail, etc.); the DA is often trying to get the harshest penalty(s) possible. If you are charged with a crime, you should contact a defense attorney immediately. Only after looking at the facts specific to your case (police reports, procedures, calibrations, other evidence, etc.) should you even think of pleading guilty. It may cost you a few extra dollars and time, but the potential savings and peace of mind (i.e., knowing you got the best deal possible) is money well spent. REMEMBER: The only person you can rely on to protect your rights is a competent defense attorney. 2004 California DUI Statistics Shasta County Deputy DA (Patricia Haley) Arrested For DUI & Additional $257,000 State Grant to Prosecute DUI Cases. |
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