California's DUI
Laws & Penalties
In California, there are various ways to violate the DUI laws depending on the type of substance consumed or even the classification of the driver.
While California laws are consistently changing as it relates to DUI, here is a list of the various laws created to criminalize driving under the influence:
- Driving under the influence of alcohol
- Driving with a blood alcohol concentration of .08% or more
- Driving while being addicted to the use of any drug
- Driving a commercial vehicle with a blood alcohol level of .04% or more
- (Commencing July 1, 2018) Driving with a blood alcohol concentration of .04% or more when a passenger for hire is a passenger in the vehicle at the time of the offense (e.g., Uber, Lyft)
- Driving under the influence of any drug
- Driving under the influence of a combination of alcohol and drug
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"Thankfully Mr. Taylor was able to help fight my case without me ever having to go to court"
You should never drink and drive anywhere, but especially don't do it in la Jolla! Cops down here have nothing better to do then make your life miserable. It is also a college town which adds assault to injury. I should take my own advice because I was recently arrested for a DUI down in La Jolla. A friend of mine referred me to Mr. Taylor's office and I am extremely glad I got into contact with them. I hardly blew over the legal limit and did perfectly fine on the sobriety tests but still was arrested. Thankfully Mr. Taylor was able to help fight my case without me ever having to go to court and I was able to have the charges dropped. Extremely professional law firm with the experience to get you the results you want.
Steven K. -
"I would recommend this firm with no qualms!"
I received counsel in a sensitive legal matter from Lawrence Taylor Sr., and his advice was spot on. I did some research and I also know that the senior Mr. Taylor is in the top echelon in his field. He has written text books on DUI and he has taught the topic in law school. I would recommend this firm with no qualms!
Jerry S. -
"Jeanne Normandeau is a great lawyer. She knows how the Riverside court judges work."
Jeanne Normandeau is a great lawyer. She knows how the Riverside court judges work. She will fight for you and will get you the best results after fighting with the judge and DA. She is honest and smart. Never had any problems, answers all questions and is always easy to contact. If you have the money, I recommend Jeanne. The public defender and judge will offer you the worst deal you can get.
Joe E. -
"I have come across many attorneys in my life and I have never been treated as well as I have her"
I have come across many attorneys in my life and I have never been treated as well as I have here. Every phone call was returned in a timely and courteous manner. The first consultation was very professional, and my attorney Chris patiently answered every question I had. In situations like this, responsiveness is key and this firm never left me feeling uninformed. I was very satisfied with the outcome of my case and would definitely recommend this firm to anyone in need of a DUI defense attorney.
Anthony D. -
"Christopher always made me aware of what was going on with my hearings, and got me the best outcome possible."
When you need to get a lawyer, you aren't usually in a great situation. I wasn't at least. Christopher and his team never made me feel ashamed, they just help me get through a situation where sh*t happens. Christopher always made me aware of what was going on with my hearings, and got me the best outcome possible. He made things easy to understand, helped with the paperwork, and I while I *hope* to not have to seek his services again, I would highly recommend him and his team for anyone needing a lawyer!
Jessica S. -
"Mrs. Normandeau is by far the hardest-working and most diligent attorney I have ever met."
I cannot express enough gratitude towards Taylor and Taylor's Attorney, Jeanne Normandeau. I hired Mrs. Normandeau for a VERY messy DUI case. Not only did she approach it with the utmost professionalism, but also displayed a level of empathy that is unmatched in this profession.
Mrs. Normandeau is by far the hardest-working and most diligent attorney I have ever met. She could be reached if I ever needed to get ahold of her, whether it be email, call, or text. Not only was she available but was willing to talk about any questions I had or work through any legal issues. Mrs. Normandeau's unrelenting work, extensive preparation, and tireless advocacy were instrumental in successfully dismissing my case.Bruce R. -
"This is a top level law firm. The Bible of DUI's comes from this firm!"
This is a top level law firm. The Bible of DUI's comes from this firm! These are the guys other attorneys call when they are stuck on a legal issue or need some guidance. There is no other firm or DUI attorney that has the kind of experience these folks do. I have practiced for a long time, and can tell you that when these guys walk into court the clients will fair 1000% better! Most attorneys do not have trial experience, and if your case must go that direction it's scary to see non experienced dui attorneys walking in with no experience. NOT these guys. Chris Taylor is one of the best trial attorneys I have ever seen; and a force to be reckoned with. The folks I have recommended have had nothing short of positive experiences. A DUI is nothing short of stressful, and can have such an impact on a persons life between restricted or no driving privileges, classes, the cost, and the general stress of it all. This law firm handles all of these issues with such ease, and most important you know you are the most well represented client in any court or DMV hearing
Tania C. -
"Chris not only got me down to a Wet Reckless but was able to significantly reduce the penalties I would face."
Im am so glad that I read the reviews of Taylor and Taylor after my first "incident" and immediately contacted them. Chris was great at calming my nerves as this was my 1st offense and at a .06 it was right on the line on a trial or pleading it out. Chris not only got me down to a Wet Reckless but was able to significantly reduce the penalties I would face. His whole office staff was also very helpful and he returned my calls when I had questions if not the same day, the next. I plan on having my record expunged and will be going back to him for that. He attended all DMV and court hearings on my behalf which took A LOT of stress off me. I strongly recommend him.
Suzi J. -
"Won DMV hearing and got my case expunged for a minor issue"
Truly great team of lawyers. Handled everything the very best they could. Won DMV hearing and got my case expunged for a minor issue, so no record, as it should be! Can definitely rely on them.
Nick T. -
"They will fight strategically to help you win your case."
These are the best lawyers in LA/OC when it comes to DUI cases. They will fight strategically to help you win your case. My Attoney Chris Taylor was impeccable in many aspects; one he interrogated the officer causing him to fumble with his initial statement; two he is well respected within the courtroom; three he keeps you well informed with everything he is doing and what you may need to do. I can't be more pleased with the outcome of his performance. Thank you God for Taylor and Taylor!
Kendall L.
DUI Enhancements
It is also important to realize that having a prior conviction for a DUI-related offense is not the only way a person can receive jail/custody as a punishment. In some circumstances, the law requires that an individual be sentenced to jail/custody even if convicted of a first offense! In these situations, the circumstances surrounding the DUI often cause additional “special allegations” or enhancements to be added to the DUI to make it more serious.
Here are just a few examples and the potential additional punishments:
- If you willfully refuse to submit to or complete a blood-alcohol concentration evidentiary test after arrest under California’s Implied Consent Law, then the law requires that a person receive an additional two days of jail for a first offense; four days in jail in a second offense; 10 days in jail for a third offense; and 18 days in jail in a fourth offense. This is in addition to any other sentence. (CVC 23577)
- If you drive 30+ mph over the speed limit on a freeway in a reckless manner, or drive 20+ mph over the speed limit in a reckless manner on a street or highway, then you must receive a minimum of 60 days in jail in addition to any other sentence. This is even on a first offense! (CVC 23582)
- If one or more of the passengers in your vehicle was/were a minor under the age of 14 years old when the driver was DUI, then the law requires that the driver receive 48 continuous hours in jail in a first offense; 10 days in jail for a second offense; 30 days in jail for a third offense; and 90 days in jail for a fourth offense. This is in addition to any other sentence.
These are only a few of the circumstances in which the law requires a person to receive custody/jail for even a first offense, drastically increasing the minimum jail time required in multiple offense DUIs.
Probation After a DUI
In addition to the potential jail/custody sentence that a person can receive for a DUI offense, the law also requires that the person be granted probation in most instances (unless the maximum punishment is given). In most instances when a misdemeanor is charged, the probation is informal (i.e., summary) wherein the Probation Department of the county does not supervise them, but they must abide by the probation conditions ordered by the Court, or else they will receive additional punishment, including the possible maximum jail/custody time in the case.
The Court can impose many different probationary conditions, but here are a few of the standard terms and conditions of DUI probation:
- Fines and fees ($390+penalty assessment plus any court fees), which are often calculated in the neighborhood of +/- $2000
- An alcohol program typically lasting 3/6/9 months for a 1st offense; 18 months for a 2nd offense, or 18 months to 30 months for a 3rd offense
- Cannot drive with ANY alcohol in your system
- Cannot drive without a valid license and insurance
In some circumstances, the person can also be ordered to complete Volunteer Community Service, CALTRANS, work release, or home confinement/secured electronic confinement. This can be instead (“in lieu”) of jail/custody time, or in addition to jail/custody time.
With an average of 32 years of experience, a top A-V rating, and a listing in the Bar Register of Preeminent Lawyers, the firm continues to be widely recognized as California’s premier DUI defense attorney's and has twice been recognized in the American Bar Association Journal for its specialization and unique technical support staff of former law enforcement, blood-alcohol and DMV experts.
License Suspensions
All of these court penalties are in addition to the license suspensions that can occur as a result of the Administrative Per Se DMV suspension and a separate license suspension that occurs after a person is convicted of ANY of the above-listed offenses in the criminal court.
The length of the license suspensions and the potential ability to obtain a restricted license during part/all of the suspension period depends on a variety of factors, including, but not limited to, the following:
- The driver’s history of DMV suspensions and/or DUI related convictions;
- The exact charges and allegations a person was convicted of in the criminal court;
- The timing of the different suspension periods (i.e., Administrative Per Se suspension versus the suspension following any court conviction); and
- Whether a “refusal” pursuant to California’s Implied Consent law is alleged.
These are just a few of the different factors, history and circumstances that could drastically change the length and nature of any license suspension issued by the DMV either because of the Administrative Suspension following the arrest, or after any criminal court conviction. Due to the complexity of DUI license suspensions, it is highly advisable to consult with a knowledge DUI lawyer in order to best understand the potential suspensions that the DMV may attempt to impose in your case.”
To learn more about the penalties that you may be facing, schedule a free initial consultation by calling The Law Offices Of Taylor & Taylor at (562) 330-4173 or filling out our online contact form today.
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Felony DUI w/ InjuryRancho Cucamonga - 18 months prison, loss of license.
Reduced to Misdemeanor DUI (fine, no jail)
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Drunk Driving
Los Angeles - 6 months jail, fine, license suspension
Reduced to Exhibition of Speed (fine)
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2nd Offense DUI At High Speed
Ventura - 1-year jail, fine, loss of license.
Charges Dismissed
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DUI & Hit-And-Run (.30%)
Vista - 1-year jail, fine, license suspension.
DUI Dismissed, Plea to Hit-and-Run (Fine)
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Drunk Driving w/ Drugs
Glendale - 6 months jail, fine, license suspension.
Charges Dismissed
