Resources

DUI Facts

The Offense

Driving under the influence may result in several different charges being filed. Unless someone is injured or has prior convictions, the charges are generally filed as a misdemeanor. The following two charges are common:

It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. VC 23152(a)

It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. VC 23152(b)

If you were in an accident and someone was injured, you may be charged with a much more serious offense, either as a misdemeanor or felony.

(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

License Suspension/DMV Penalties

Your license will ordinarily be suspended within 30 days of your arrest if you do not set a hearing with the DMV within ten (10) days of your arrest. This is an action independent of any criminal proceeding, and requires you or your attorney to request a hearing.

Both the hearing and a “stay” of the suspension must be requested within 10 days to avoid suspension.

An attorney can obstain evidence from the DMV to evaluate their evidence to you prior to the hearing.

There are many technical and legal defenses which may be raised at the DMV hearing, such as:

  • subpoenaing police officers
  • retesting blood or urine samples
  • having forensic experts testify

You may also be eligible for a restricted license, valid for work purposes only

DMV Penalities for Driving under the influence

DMV Penalties for Driving Under the Influence:

Table of License Suspensions

1st Offense 4 month license suspension beginning 30 days from the
date of arrest
2nd or
Subsequent Offense
12 month license suspension beginning 30 days from the
date of arrest.
Refusal
— 1st Offense
1 year suspension
Refusal
with prior conviction
2 years suspension
Minor (under 21) BAC .01 (zero tolerance) 1 year suspension
** Note: If you do not set a hearing date with 10 days of your arrest, you may have waived your right to a hearing. Further, if the hearing is not set with 10 days of your arrest, you will not be eligible for a stay (i.e., a valid license until your hearing is conducted) on the suspension of your license

DMV Penalties for Driving Under the Influence:

Reinstatement of License

In order to obtain a restricted license after an Admin Per Se suspension or reinstatement of your license, you must:

  1. File an “SR-22” proof of insurance certificate with the DMV and keep it on filed for a period of three years
  2. Pay a $125.00 reissue fee to the DMV
  3. File proof of enrollment (for restricted license) and/or completion of the First Offender or Multiple Offender Alcohol Program (for reinstatement of license).
  4. Criminal Penalties for Driving Under the Influence:
  5. 1st Offense — CVC23161
  6. When Probation is Granted:
  7. Two options, both requiring attendance
    at an alcohol/drug program:
  8. OPTION A
  9. • 48 hours to 6 months in jail
  10. • $390 to $1,000 fine, plus penalty assessments
  11. • Six (6) months license suspension
  12. OPTION B
  13. • A 90 day license restriction allowing driving
  14. to and from within the scope of work, school
  15. • $390 to $1,000 fine, plus penalty assessments
  16. Under either option, license shall be suspended for six (6) months if the offense occurred in a vehicle that requires a Class A or Class B license (commercial)
  17. Without Probation:
  18. • 96 hours to 6 months in jail
  19. • $390 to $1,000 fine plus 170%
  20. county penalty assessments
  21. • 2-month license suspension (CVC 23160)

Criminal Penalties for Driving Under the Influence:

2nd Offense — CVC23166

When Probation is Granted:

OPTION A

• 10 days to 1 year in jail

• $390 to $1,000 fine, plus penalty assessments

• Eighteen (18) months license suspension

Be advised that the 12 month multiple offender alcohol program must be completed before you ever receive a driver’s license from the DMV.

OPTION B

• 48 hours to 1 year in jail

• $390 to $1,000 fine, plus penalty assessments

• 18 month alcohol program and 1 year license restriction

allowing driving to and from within the scope of work, school and alcohol programs only.

Without Probation:

• 90 days to 1 year in jail

• $390 to $1,000 fine plus 170%

county penalty assessments

• 18-month license suspension (CVC 23160)

License will not be reinstated until completion of the 18 month multiple offender alcohol program and proof of insurance provided to the DMV.

Criminal Penalties for Driving Under the Influence:

3rd Offense with 7 years — CVC23166

When Probation is Granted:

• 120 days to 1 year in jail

• $390 to $1,000 fine plus penalty assessments

• 3-year license revocation

• 18 month multiple offender alcohol program*

*(CVC23176) Minimum period of incarceration is reduced to 30 days in jail, if defendant requests and judge orders defendant into a specified school programs. Also see Health & Safety Code 11837.4(a)

Without Probation:

• 120 days to 1 year in jail

• $390 to $1,000 fine

• 3-year license revocation

Criminal Penalties for Driving Under the Influence:

4th or Subsquent Offense with 7 years — CVC23166

(may be charged as a felony or misdemeanor)

• 180 days to 1 year in jail

• $390 to $1,000 fine plus penalty assessments

• 4-year license revocation

• Completion of an 18-month multiple offender

alcohol program for reinstatement of license

• Impound car at owner’s expense for up to 90 days

Without Probation:

• 16 months to 2-3 years in state prison

or 180 days to 1 years in jail

• $390 to $1,000 fine plus penalty assessments

• 4-year license revocation and completion of an

18-month multiple offender alcohol program for reinstatement of license

• Impound car at owner’s expense for up to 90 days.

CVC 23175.

Criminal Penalties for Driving Under the Influence:

and Causing Bodily Injury

1st Offense — CVC23161

When Probation is Granted:

• 5 days to 1 year in jail

• $390 to $1,000 fine, plus penalty assessments

• 1 year mandatory license suspension

• Court-approved alcohol/drug program

Without Probation:

• 90 days to 1 year in jail

• $390 to $1,000 fine plus penalty assessments

• 1 year mandatory license suspension (CVC 23180)

Criminal Penalties for Driving Under the Influence:

and Causing Bodily Injury

2nd Offense within 7 years

When Probation is Granted:

OPTION A

• 30 days to 1 year in jail

• $390 to $1,000 fine, plus penalty assessments or both

• 1 year license suspension followed by a restricted

license (allowed driving for work and alcohol program)

for an additional 2 years

OPTION B

• 120 days in jail

• $390 to $1,000 fine, plus penalty assessments

• 3 year license revocation

Without Probation:

• 120 days to 1 year in jail

• $390 to $5,000 fine plus penalty assessments

• 3 year license revocation

License will not be reinstated until completion of the 18-month multiple offender program & proof of insurance has been provided to the DMV.

Criminal Penalties for Driving Under the Influence:

and Causing Bodily Injury

3rd or Subsequent Offense with 7 years

When Probation is Granted:

• 30 days to 1 year in jail

• $390 to $5,000 fine plus penalty assessments

• Restitution or reparation pursuant to Penal Code 1203.1

• 5 year license revocation

• Completion of an 18 month

multiple offender alcohol program

License will not be reinstated until proof of ability to respond in damages and no grounds exist which would authorize refusal of license.

Without Probation:

• 2, 3 or 4 years in state prison

• $1,015 to $5,000 fine plus penalty assessments

• License revocation for 5 years(CVC23190)

Driving on Suspended License (VC 14601.6):

The police can now impound your vehicle for up to 30 days if you are stopped for driving on a suspended license with no prior convictions.

If you have one or more prior convictions, the police can forfeit or sell your vehicle and keep the proceeds of the sale.

The Court System and Other Information

A DUI matter is heard in Superior Court. The number and types of hearings depend upon where or not the matter is filed as a felony or a misdemeanor. There are many hearings and procedures available to the prosecution and the defendant. An attorney may assist you in these hearings and procedures.

In most cases, an attorney can appear for you without your presence in court.

In general, the first appearance is an arraignment, followed by either setting a state to obtain discovery, including:

• police reports

• police dispatch logs

• audio tapes

• photographs

• calibration and maintenance records

• and transcripts of proceedings.

From that point, settle discussions can take place or the matter can be set for further hearing, contesting the charges, and ultimately for trial. In most instances, the option of either a jury trial or bench trial (judge only, no jury) will be available.

Defenses exist for DUI’s. You must be proven guilty beyond a reasonable doubt in order to be convicted. You have no public record of a DUI until and unless you are convicted.

Bail Bond Services

Aladdin

http://www.aladdinbailbonds.com/

Bad Boys

http://www.badboysbailbonds.com/html/index.html

Pacific Coast Bail Bonds

http://www.pacificcoastbailbonds.com/

Alcohol & Drug Treatment Programs

Amicus House

http://amicushouse.com/

The Camp Recovery Center

http://camprecovery.crchealth.com/

New Horizons

http://www.addictionsearch.com/treatment_facilities/new-horizons_14511.html

Support Systems Homes

http://www.drug-rehabilitation.com/

California Department of Alcohol and Drug Programs

http://www.adp.cahwnet.gov/

Courts

Santa Clara County Superior Court

http://www.scscourt.org/

Locations

http://www.scscourt.org/general_info/contact/courthouses.shtml

Downtown Superior Court

http://www.scscourt.org/general_info/contact/courthouses/dts.shtml

Old Court House

http://www.scscourt.org/general_info/contact/courthouses/och.shtml

Hall of Justice

http://www.scscourt.org/general_info/contact/courthouses/hoj.shtml

Santa Clara Courthouse

http://www.scscourt.org/general_info/contact/courthouses/santaclara.shtml

Terraine Courthouse (Drug Court)

http://www.scscourt.org/general_info/contact/courthouses/terraine.shtml

Family Court

http://www.scscourt.org/general_info/contact/courthouses/family.shtml

Juvenile Justice Court

http://www.scscourt.org/general_info/contact/courthouses/guadalupe.shtml

Sunnyvale Courthouse

http://www.scscourt.org/general_info/contact/courthouses/sunnyvale.shtml

Palo Alto Courthouse

http://www.scscourt.org/general_info/contact/courthouses/paloalto.shtml

California Courts Home Page

http://www.courts.ca.gov/home.htm

Glossary of Legal Terms

Common Legal Terminology

Adjudicatory hearing: the procedure used to determine the facts in a juvenile case; similar to an adult trial but generally closed to the public.

Aggravating factors: factors that might increase the seriousness of an offense. The presence of these factors may be considered by the judge and jury.

Aid and abet: to actively, knowingly, intentionally or purposefully assist someone in committing a crime.

Appeal: to resort to a higher court for the purpose of obtaining a review of a lower court’s order. The person who seeks such a review is called an appellant and the person against whom the appeal is filed is called the appellee.

Arraignment: a court session at which a defendant is charged and enters a plea. For a misdemeanor, this is also the defendant’s initial appearance, when the judge informs him or her of the charges and sets the bail.

Assault: to attempt to hurt someone physically in a way that makes the victim feel immediately threatened. There is no need for physical contact.

Attorney: a person who has a law degree (in most instances) and is licensed by the state to advise and represent others in legal matters.

Battery: any intentional, unlawful physical contact inflicted on one person by another without consent.

Beyond a reasonable doubt: the level of proof required to convict a person of a crime. It does not require that one be “convinced 100 percent.” It does mean, however, that there should not be any reasonable doubts as to a person’s guilt. Burden of proof: the obligation of a party to prove his or her allegations during a trial.

Complaint: the first paper filed in a civil lawsuit which states the wrong done to the plaintiff by the defendant.

Conspiracy: an agreement between two or more individuals to commit a crime, along with an act done to begin the crime.

Contempt of court: to defy a court’s authority. If one is found or held in contempt of court, he or she may be fined, placed in jail, or both.

Convict: (n.) a person who has been found guilty of a crime and is now in prison; (v.)to find a person guilty of a crime or wrongdoing. Crime: an act or failure to act that violates a law for which a penalty (usually a fine, jail or probation) is set by the state.

Damages: money awarded by the court to be paid by a person who has wronged another in a civil law action.

Defendant: the person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime.< Delinquent offender: a minor who has committed an offense usually punishable by criminalprocesses. Such offenders are usually processed through the juvenile justice system.

Detention: temporary custody such as being held at the police station or in Juvenile Hall.

Disposition: the word used in the juvenile justice system when referring to the outcome of a Juvenile Court proceeding; similar to “sentencing” in adult court. District attorney: an attorney who tries to show that an accused person is guilty. In juvenile court, this attorney decides whether or not to bring the juvenile to court and recommends a disposition as well.

Drunken driving: Driving while intoxicated. In California, it is illegal to drive with a blood-alcohol concentration (BAC) of 0.08 percent or greater. Drivers under age 21 cannot drive with a BAC of 0.01 percent.

Due process: Minors and their parents are guaranteed due process by the U.S. Constitution. This means that you will be given advance notice of all hearings and that you have a right to present your side; legal procedures must follow a set of rules and principles that are meant to guarantee justice and fair play.

Felony: a serious criminal offense punishable by a prison sentence of more than one year.

Hearing: a constitutionally required formal proceeding in which the accused is given notice of charges brought against him or her, then has an opportunity to present a defense.

Homicide: the killing of another person. Homicide can be criminal, non-criminal or negligent.

Hung jury: the situation in which a jury cannot reach a unanimous decision.

Initial hearing: a preliminary examination of the validity of a youth’s arrest, during which the state must prove that an offense was committed and there is reasonable cause to believe the youth committed it.

Intent: determination to achieve a particular end by particular means.

Jury:: a body of men and women selected to examine certain facts and determine truth in a legal proceeding.

Kidnapping: taking a person against his or her will.

Mandatory sentencing: laws that require courts to sentence convicted criminals to certain prison terms.

Manslaughter: the killing of a person without malice or premeditation, but during the commission of an illegal act.

Miranda warnings: rights that a person must be told when arrested or taken into custody by police or other officials. These include the right to remain silent, to contact a lawyer, and to have a free lawyer if the person arrested cannot afford one.

Misdemeanor: a criminal offense, less serious than a felony, punishable by a jail sentence of one year or less.

Mitigating factors: factors that may lessen the seriousness of an offense. The presence of these factors may be considered by the judge or jury.

Murder: the unlawful killing of a person with malice aforethought.

Negligence: failure to exercise the care that a reasonable
person would exercise in the same circumstances.

Parole: release from prison before the full sentence has been
served, granted at the discretion of a parole board.

Penal Code: a list of criminal offenses and recommended
sentences.

Preponderance of the evidence: the standard of proof generally used in civil suits. To prevail, the party must present sufficient evidence in court to show that his or her claims are more likely to be true than not. This is sometimes called the burden of proof.

Probable cause: a reasonable belief, known personally or through reliable sources, that a person has committed a crime.

Probation: a period of time when a minor is under the supervision of a probation officer to make sure court orders against the minor are followed.

Prosecution: the process of suing someone in a civil case or bringing someone to trial on criminal charges.

Public defender: an attorney who is paid by the county to defend those without money who are accused of committing crimes.

Reasonable person standard: the idealized standard of how a community expects its members to act. Based on the degree of care that persons of ordinary prudence would exercise in particular situations.

Referee/commissioner: appointed by the juvenile court judge. Has the same power as the judge..

Restitution: money paid to victims by the offender to make up for harm or damage done.

Robbery: the unlawful taking of property from a person’s immediate possession by force or threat of force.

Self-defense: the right to defend oneself with whatever force is reasonably necessary against an actual or reasonably perceived threat of personal harm.

Self-incrimination: giving evidence and answering questions that would tend to subject one to criminal prosecution.

Shoplifting: a form of theft in which items are taken from a store without payment or the intention to pay.

Status offenses: acts that are illegal if committed by a juvenile

Statutes: laws enacted by legislatures.

Statute of limitations: laws that set deadlines for when a lawsuit must be filed.

Statutory rape: an act of sexual intercourse with a minor (under age 18) who is not the perpetrator’s spouse. A crime whether or not the minor consents to the act.

Temporary restraining order (TRO): an order issued by a court to prevent a change in the status quo. In interpersonal settings, a TRO is sometimes issued by a court to prevent one person from hitting another person or from snatching a child in a custody dispute. Temporary and may be issued without calling together both parties to the dispute. Often, a court will later hold a hearing to see whether the TRO should be made into a permanent injunction.

What to do when you are arrested

Remain Silent

You cannot be arrested for refusing to talk to the police. If they are going to arrest you, they’re going to do it no matter what you tell them. So play it safe and wait for an attorney before you say anything. Police have arrest powers and weapons at their disposal. What they don’t have — and what they cannot take from you — are your own words and your right against self-incrimination.

Yes, they are out to get you

The police are not required to be truthful to an arrestee. They have an agenda, and at the top of agenda is putting you behind bars. They will say and do anything, threaten all manner of things they cannot legally carry out, just to get you to provide evidence against yourself. No matter how clever or glib you think you are, they not likely to release you if they think they can nail you in court, and whatever you give them they can bend and twist to their benefit. Do not give them more ammunition than they already have.

If you must speak with the police, have a lawyer present

There may be times when it’s advisable to talk to the police, but don’t make this determination yourself. Ask to speak to a lawyer, who can then schedule a time to be present during the interrogation.

Don’t let the police into your house without a search warrant

If they show up at your doorstep to conduct a search, you are perfectly within your rights to ask to see a search warrant. If they are there to arrest you, step outside to be arrested. Do not give them a reason to come in.

Don’t let the police into your house without a search warrant

If they don’t have a warrant in either case, politely ask them to leave and come back with one. Then call your attorney.

Anything you don’t consent to — short of arrest — is a violation of your rights.

The police can legally detain or arrest you; however, you can only be compelled to testify in court. No matter how casual your encounter with the police may seem, you are under intense scrutiny when they question you. They are looking for anything they can use against you.

Be especially careful when driving.

You have fewer rights on the road than at home, but the police need a reason to pull you over. Don’t give them one. Keep that license and registration current, fix that broken tail-light, pay attention to your driving speed, don’t attract attention by weaving in and out, and use your turn signals when turning or changing lanes. Come to a complete stop at stop signs and red lights. If you are pulled over, always be polite, but say as little as possible.

The police need your consent to search your car without a warrant.

You can be arrested for any number of reasons, but not for refusing to consent to an unwarranted search of your car. Clearly tell them that you do not consent to the search, or they will interpret your silence as an implied consent. They may have probable cause to search, but this can be challenged in court. If they have your consent to search, implied or otherwise, there is nothing to challenge.

Other Resources:

Southern California Criminal Defense Attorneys

http://www.expertlawfirm.com/

DUI/Drunk Driving Law and Criminal Defense practice with offices in Los Angeles, San Diego, Long Beach, Beverly Hills, Irvine, Pasadena, and Riverside.

 

Criminal Defense

Find Criminal Defense Lawyers Nationwide

http://www.criminalattorneysus.com/

 

Criminal Attorneys Directory

Find Criminal Defense Lawyers in the US

http://www.criminalattorneysus.com/

 

DUI Program DIrectory of Service Providers

CA Department of Alcohol and Drug Programs Driving-Under-the-Influence Program Branch

http://www.adp.ca.gov/Criminal_Justice/DUI/pdf/DUI_dir.pdf

 

Substance Abuse Treatment Facility Locator

US Dept of Health and Human Services Substance Abuse & Mental Health Services Administration

http://dasis3.samhsa.gov/Default.aspx
Inmate Orientation and Rule Book

PDF file of Inmate Orientation and Rule Book for the Santa Clara County Men’s Main Jail facility

http://www.stephanierickard.com/Inmate_Rulebook.pdf

Weekend Work Program Rules for Santa Clara County

Published on: 3/27/2014 4:03 PM
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While on the Weekend Work Program you can and will be searched at random at any time. During the entire time you are serving your sentence you are not allowed to visit any County Jail Facility.
The Weekend Work Program Will Not Be Responsible For Your Personal Items!
  1. I.D. and Court Papers: You must have an Official government pictured I.D. and your Court Sentencing paper with you each day you report to work.
  2. There is No Office Work on this Program! Dress appropriately for the work. The work is general labor. You could be working on a side of a mountain, digging, using a hoe, shovel or a rake.
  3. Dress Code: DO NOT WEAR, tube tops, halter tops, tank tops, blouses, sleeveless shirts, shirts shorter than waist high, shorts, Capri pants, sandals, platform shoes, high heel shoes, or open toe shoes. You will need to bring your own hats, gloves and sunscreen. The only skin, which may be exposed, will be your face, neck, hands and lower arms.
  4. Medical Condition or Physical Limitations: If you have a Permanent Disability you will be allowed to participate on Weekend Work Program. You must bring a Doctor’s note stating your limitations. There are limited amounts of Permanent Disability assignments available. If those assignments are filled you could be returned to court. If you have a temporary limitation you may be declined/refused participation on the Weekend Work Program.
  5. Medications: NO NARCOTICS ARE ALLOWED ON THIS PROGRAM. You must notify your Supervisor if you are taking any medication, including medication prescribed by a doctor or purchased over the counter. Bring only the medication(s) that you will need for the day.
  6. LUNCH: Bring your own lunch one will not be provided. You will not be allowed to buy one, this includes street vendors and no one can bring you a lunch. You will not be allowed to receive a lunch from your Supervisor.
  7. Contraband: Do not bring any alcoholic beverages, dangerous drugs, narcotics, weapon (i.e.: pocket knife, nail clippers), pens, (no electronic items), radios, Walkman radios, palm pilots, playing cards, balls, calculators, day planners, cell phones, pagers, cigarettes, matches, lighters, chewing tobacco, tobacco products, glass containers, metal utensils, umbrellas and reading materials (newspapers and books) onto the program.
  8. Phone Calls/Visitors: You are not allowed to make phone calls or receive phone calls at your crew site. You are not allowed any visitors while you are working on the program.
  9. Crew Assignment: Once you are given a map to a permanent crew site it will not be changed! Unless your map states otherwise, all work sites start at 8:00 am. If you are late or miss a day YOU MUST RETURN TO COURT.
  10. Changing Working Days: If you need to change the days you are working You Must Return to Court/Probation Officer that sentenced you to the Weekend Work Program. If you are reporting to a Probation Officer and you haven’t missed a day on the Weekend Work Program you must contact your Probation Officer.
  11. Work Performance: Disrespect to any crew supervisor or failure to perform a work task as assigned will result in your immediate removal from the program. You could be placed inside the Correctional Facility by the courts to do straight time and each 8 hours on the Weekend Work Program will turn into a 24 hour day inside the Facility.
  12. Behavior: As a participant in the Weekend Work Program, you are required to treat others with respect and dignity! You are encouraged to report any racism, sexism, anti-gay/lesbian remarks and all other form of illegal or anti-social behavior exhibited towards you. Any criminal acts such as assault and battery, rape, etc. must be reported to the Crew Supervisor immediately! If your supervisor is the accused, report the incident to any other available supervisor.

ANY VIOLATION OF THESE RULES WILL RESULT IN YOUR DISMISSAL FROM THE WEEKEND WORK PROGRAM.

If you have any questions regarding the Weekend Work Program, you may contact this office between the hours of 7:00 am and 3:00 pm Monday – Sunday at (408) 535-4211. This is not for a Crew Site Request!
For More Information Please Contact:
Weekend Work Program
Phone: (408) 535-4211
If you have any questions regarding the Weekend Work Program, you may contact this office between the hours of 7:00 am and 3:00 pm Monday – Sunday. This is not for a Crew Site Request!

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