DUI (Driving Under the Influence)

California DUI

Were you arrested for a DUI? You should strongly consider hiring an experienced DUI defense attorney for your DUI violation due to the complexity of modern laws and the potential, and sometimes mandatory jail time. To protect your case, do not discuss the facts of your arrest with anyone other than your lawyer. Attorney-client privilege only applies to communications with your legal counsel, meaning anything you say to others can be used against you in court. It is critical that you act immediately so you do not wave your legal rights permanently. For example, you have exactly 10 days from the date of your arrest to request a DMV hearing to contest your license suspension. If you fail to schedule this hearing within the 10-day window, you forfeit your right to a hearing, and your license will be automatically suspended.

First Time DUI

MINIMUM PENALTIES FOR A FIRST DUI [VC §23152]

Probation Granted

48 hours to 6 months in jail

$390 to $1,000 fine with court fees

3 month alcohol/drug treatment program

6 months DMV driver license suspension

Probation Not-Granted

96 hours to 6 months in jail

$390 to $1,000 fine with court fees

3 month alcohol/drug treatment program

6 months DMV driver license suspension

Additional Penalties

You may be sentenced to various other penalties depending in which county, city, or court has jurisdiction of your DUI case

If you refused to take a chemical test, you will likely face a Refusal Enhancement

Second Time DUI

MINIMUM PENALTIES FOR A SECOND DUI [VC §23152]

Probation Granted

10 days to 1 year,or 96 hours to 1 years in jail

$390 to $1,000 fine with court fees

18 month alcohol/drug treatment program

2 year DMV driver license suspension

Probation Not-Granted

90 days to 1 year in jail

$390 to $1,000 fine with court fees

18 month alcohol/drug treatment program

2 year DMV driver license suspension

Additional Penalties

You may be sentenced to various other penalties depending in which county, city, or court has jurisdiction of your DUI case.

If you refused to take a chemical test, you will likely face a Refusal Enhancement

Third Time DUI

MINIMUM PENALTIES FOR A THIRD DUI [VC §23152]

Probation Granted

120 days to 1 year in jail

$390 to $1,000 fine with court fees

18 month alcohol/drug treatment program

3 year DMV driver license suspension

Probation Not-Granted

120 days to 1 year in jail

$390 to $1,000 fine with court fees

18 month alcohol/drug treatment program

3 year DMV driver license suspension

FourthTime DUI

MINIMUM PENALTIES FOR A FOURTH DUI [VC §23152]

Probation Granted

180 days to 1 year in jail

$390 to $1,000 fine with court fees

18 month alcohol/drug treatment program

4 year DMV driver license revocation

Probation Not-Granted

16 months, or 2 or 3 years in prison or 180 days to 1 year in jail

$390 to $1,000 fine with court fees

18 month alcohol/drug treatment program

4 year DMV driver license revocation

Additional Penalties

You may be sentenced to various other penalties depending in which county, city, or court has jurisdiction of your DUI case

DUI With Injury (Felony)

MINIMUM PENALTIES FOR A DUI WITH INJURY [VC §23153]

FIRST DUI WITH INJURY

Probation Granted

5 days to 1 year in jail

$390 to $1,000 fine with court fees

3 month alcohol/drug treatment program

1 year DMV driver license suspension

Probation Not-Granted

16 months, or 2 or 3 years in state prison, or 90 days to 1 year in jail

$390 to $1,000 fine with court fees

1 year DMV driver license suspension

SECOND DUI WITH INJURY

Probation Granted

120 days to 1 year in jail

$390 to $5,000 fine with court fees

3 year DMV driver license revocation

30 days to at least 1 year in jail

$390 to $1,000 fine with court fees

18 month alcohol/drug treatment program

3 year DMV driver license suspension

Probation Not-Granted

16 months, or 2 or 3 years in state prison, or 120 days to 1 year in jail

$390 to $5,000 fine with court fees

3 year DMV driver license revocation

THIRD DUI WITH INJURY

Probation Granted

30 days to at least 1 year in jail

$390 to $1,000 fine with court fees

18 month or 30 month alcohol/drug treatment program

5 year DMV driver license revocation

Probation Not-Granted

2, 3 or 4 years in state prison

$1,015 to $5,000 fine with court fees

5 year DMV driver license revocation

Additional 3 years in prison if you already have four (4) DUI convictions and the offense caused Great Bodily Injury (GBI) to any person other than the driver

Underage DUI

CALIFORNIA'S "ZERO TOLERANCE" DUI LAW [VC §23136]

In a nutshell, if you are under 21 years of age, it is illegal to drive with a Blood Alcohol Content (BAC) of 0.01% or higher—hence the label "Zero Tolerance" DUI law.

California Vehicle Code § 23136

(a) Notwithstanding § 23152 and § 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not bar prosecution under § 23152, § 23153, or any other provision of law.

(b) A person shall be found in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(c)(1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given their consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol, if lawfully detained for an alleged violation of subdivision (a).

(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer who has reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).

(3) The person shall be told that their failure to submit to, or complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of their privilege to operate a motor vehicle for a period of one to three years, as provided in § 13353.1.

MINIMUM PENALTIES FOR ZERO TOLERANCE UNDERAGE DUI

Infraction

Up to 1 year DMV license suspension

CALIFORNIA'S UNDERAGE DUI [VC §23140]

If you are under 21 years of age, it is illegal for you to drive with a Blood Alcohol Content (BAC) between .05% and .07%. It has harsher penalties than "Zero Tolerance" DUI law due to the higher BAC

If you are charged for under age DUI per VC §23140, you will be charged with Zero Tolerance DUI as well

First Offense

Up to 6 months in jail

$100 fine with court fees

1 year DMV license suspension

Possible alcohol/drug treatment program

Second Offense

Up to 1 year in jail

$200 fine with court fees

1 year DMV license suspension

Possible alcohol/drug treatment program

Third Offense

Up to 1 year in jail

$300 fine with court fees

1 year DMV license suspension

Possible alcohol/drug treatment program

YOU CAN BE CHARGED WITH STANDARD DUI AS WELL [VC §23140]

Even if you are under 21 years of age, you can be charged with regular DUI or VC §23152. Unfortunately, you can be charged with both underage DUI and regular DUI at one time

Out of State Driver DUI

Non-Resident Challenges: Out-of-state and international residents face highly complicated decisions due to strict California DUI laws.
Out-of-State Impact: Most states share driver information, meaning a California DUI will likely suspend your home state driver's license.
Immigration Risks: International visitors face serious immigration problems, travel restrictions, and issues re-entering the United States.
Arrest Warrants: Missing a court date triggers an immediate arrest warrant, meaning police can jail you if you return to California.
Case Transfers: You cannot transfer a California DUI court case to another state or country.
Penalty Transfers: Transferring DUI penalties is difficult, but an experienced lawyer can negotiate solutions that fit your home state's rules.
Cases Do Not Disappear: Leaving California will not resolve your case; your DUI charges will remain active until handled legally.
Avoid Court Travel: While judges can require you to appear, a skilled attorney can often handle hearings for you, saving you thousands in travel costs.

10 Reasons Why You Should Hire a DUI Attorney

Complex DUI Laws: Modern DUI laws and penalties are harsh and highly complex.
Confusing DMV Rules: Navigating California DMV regulations and Ignition Interlock Device (IID) requirements is difficult.
Better Representation: Prosecutors are much more likely to negotiate with an experienced DUI defense attorney than with you.
Field Sobriety Defenses: An attorney can evaluate if you have legal defenses regarding your Field Sobriety Tests (FSTs).
BAC Analysis: A lawyer can analyze your Blood Alcohol Content (BAC) results for accuracy and errors.
Probable Cause Review: An experienced attorney can assess whether law enforcement had legal probable cause to arrest you.
PAS Test Defenses: A lawyer can determine if there are valid legal defenses against your Preliminary Alcohol Screening (PAS) test.
Jail Alternatives: An experienced attorney can find creative, alternative options to help you avoid serving jail time.
License Protection: A specialized lawyer can assess how to save your driver's license from suspension.
No Court Appearances: Hiring an attorney often means you do not have to appear in court, preventing missed work and saving you money.

Types of DUIs

First Time DUI
Second Time DUI
Third Time DUI
DUI with Injury (Felony)
Underage DUI

With Bo Lee there is Hope.

Fabian T. - Torrance, CA

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The Golden Rule

Our founding attorney, Bo Lee continues to uphold The Golden Rule: "Treat others the way you want to be treated."

Putting ourselves in our client's shoes, we endeavor to guide our clients to chose what we would choose for ourselves as experts in our areas of legal practice. At all times throughout our client's matters, we strive to steer them to make the best decisions for themselves as we would for ourselves. We wouldn't advise our clients in doing something we wouldn't want to do. Our philosophy has led to amazing outcomes for our clients.

Stood by me the whole time.

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