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  Denis White - AttorneyDenis H. White, Jr
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Timothy S. Brown
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California DUI Law

Although Judges have the discretion to suspend or restrict a driver’s license in California, you will find that in most instances DMV will do so without any help from the court.

Rather than give you little pieces of the law, I would like to give you access to the whole library. If you have specific questions or would like to talk generally about the facts and law as it relates to your case, contact us now by sending an e-mail or just pick up the telephone and call me at 916-444-3300.


California Vehicle Code
The California Vehicle Code has more than 42000 code sections. The Vehicle Code deals with much more than just DUIs. To view an index of the entire CA Vehicle Code, go to:

California Vehicle Code

Drivers License Suspensions and Restrictions
The sections you should focus on regarding license suspensions/restrictions for a DUI are as follows:

Suspension or Revocation for DUI or Speed Contest
Extended DUI Suspension
DUI Program: Proof of Enrollment and Completion

Minor: Revocation of Driving Privilege
First Offense: Completion of DUI Program and Restricted Driver’s License
Restricted Driver's License: Second Offense
DUI Conviction: Persons Under 21: Required Suspension
Refusal of Chemical Test

Refusal to Take Preliminary Alcohol Screening Test
Immediate Suspension

Order of Suspension

Prohibitions: Restoration or Restricted Driving Privilege
Treatment Program: Certificate of Completion

Restoration of Driving Privilege: Nonresidents

Commercial Driver's License: Suspension and Restriction

Restricted Noncommercial Driver's License
Restricted License: Persons Under 21
Driver's License Actions: Consecutive


Administrative Per Se Suspensions
DMV did not always automatically take a license 30 days after the date of a DUI arrest. For the
History of Admin Per Se suspensions, go to:

History of Admin Per Se suspensions

The length of the suspension/restriction varies depending on the reason DMV proposes to take your license. Whether or not the suspension/restriction can be avoided following an arrest for a DUI depends on the facts and law in your individual case.

Remember that the first step is to make contact with DMV’s Drivers Safety Office where you were arrested within 10 calendar days. The link below will give you a list of all the offices in the State of California and their direct telephone numbers.


California DMV Drivers Safety Office

Different Alcohol Related Driving Offenses
Most of the alcohol related driving offenses will be contained in the following sections of the California Vehicle Code:

Offenses by Persons Under 21 Years of Age Involving Alcohol
Juvenile Offenses Involving Alcohol
Offenses Involving Alcohol and Drugs
Ignition Interlock Device
Alcohol and Drug Problem Assessment Program


Court Penalties for DUI Related Offenses
The minimum and maximum penalties for driving under the influence are the same throughout the State of California. The actual penalties imposed along with the amount of the fines, however, vary from county to county. That is why it is best to look for a local attorney familiar with the practices of the courts where your case will be heard.

Some excellent examples of this, in the courts where I practice, are as follows:

*Following a conviction for a DUI in Sacramento County, DMV will require you to install an Ignition Interlock Device (IID) on any vehicles you own or operate. This is not required following a conviction in any of the surrounding counties.*Fines for a first offense DUI in Placer County are about $1950.00, in Sacramento County $2400.00 and in Yolo County they are just over $3000.00.
*Some of the courts insist on mandatory jail time on multiple offense cases and others do not. In one county, there is currently a way to avoid the mandatory weekends in jail.
*There are three possible lengths of DUI schools for a first offense. Some counties only recognize two.
*The judges in one county where I practice decided to impose a six month no alcohol condition of probation on first offense DUIs.

For a more complete guide penalties, go to the following sections of the California Vehicle Code:

Penalties for a Violation of Section 23152
Penalties for a Violation of Section 23153
Additional Punishments
Additional Penalties and Sanctions
Additional Court-Imposed Orders and Directions
Alternative to Alcohol or Drug Education Program
Probation Court Penalties


THE IGNITION INTERLOCK DEVICE (IID)
The Ignition Interlock Device (IID) is not new to the State of California. As of July 1, 2010, however, the laws changed and it has become a mandatory requirement for those convicted of a DUI in the four pilot counties of Alameda, Los Angeles, Sacramento and Tulare. It can also be used to shorten the length of a suspension following a conviction for a 2nd, 3rd or 4th DUI in the remaining counties.
For some additional information look at the following California Vehicle Code Sections:


Ignition Interlock Device

 

 

   

 

 
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