DUI Drivers License Suspension In Southern California

Successfully defending against DUI charges requires a deep understanding of the legal system – both the courts and the California Department of Motor Vehicles (“DMV”), the science of the effects of alcohol on human behavior, and the rationale for choosing specific defense strategies.

Even in cases where law enforcement has followed proper procedures, at HJP Legal, we employ our expertise to identify potential flaws in the process. Our team guides clients through the intricate web of DMV and court procedures, minimizing the impact of DUI charges and helping them navigate to a positive outcome.

A DUI is among the most frequently charged offenses in Southern California. Because of the high rate of collisions and accidents attributed to alcohol usage, the State of California is increasingly focused on minimizing risks to safe drivers.

You must realize there is no quick fix if you are facing a charge relating to DUI in Orange County or Southern California. Driving drunk is a serious charge that can warrant significant punishment if you end up convicted. After being arrested for a DUI, the most vital decision you will make is selecting the right defense attorney to represent you.

Attempting to handle both the DMV hearing and court case without legal representation is a common mistake. Successfully defending against a drunk driving charge in Southern California demands an intimate understanding of the court system and the California Department of Motor Vehicles.

Without the guidance of a seasoned Southern California DUI Defense Attorney like Halley J. Peters, you may face increased penalties.

Effects on Immediate Family

Halley recognizes that a DUI charge negatively affects not only the person involved, but also their loved ones and members of their household.

Our unwavering focus is on healing families after a stressful legal situation. With over a decade of experience and an intimate awareness of rehabilitative jurisprudence, Halley provides comprehensive guidance through the criminal court process, administrative hearing, and necessary steps outside of court.

When you or a friend/family member are facing a DUI in Southern California, reach out to HJP Legal for a complimentary consultation. Remember, act quickly since you only have ten (10) days from the date of arrest to request an administrative hearing with the DMV. Failing to contact the DMV within this timeframe can lead to an automatic suspension of your driving privileges. With HJP Legal, Halley will begin working on your case as soon as possible – contact her today at (949) 340-0102.

DUI – CRIMINAL CHARGES IN CALIFORNIA

Driving Under the Influence is codified into law as violation of Vehicle Code 23152. Subsection (a) and (b) of this Vehicle Code apply specifically to alcohol and are stated as follows:

Vehicle Code Section 23152(a) states: “It is unlawful for a person to drive under the influence of any alcoholic beverage to drive a vehicle.”

Vehicle Code Section 23152(b) states: “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

Under V.C. 23152(a), a person may be charged with a DUI even if they have a blood alcohol level under 0.08 percent.

Penalties for Violation of VC 23152 (a) or (b)

If you are convicted of driving under the influence in California, you could face up to six (6) months in jail on a first offense and a fine of $390 to $1000 plus penalty assessments. Depending on the circumstances of the case, you may also be required to:

Enroll in and complete an alcohol education program

Install an ignition interlock device

Make restitution if there was an accident

Attend AA Meetings

Submit to alcohol monitoring

Complete a MADD Victim Impact Panel

License suspension or revocation

If you are convicted of a second or subsequent DUI charge, you could face up to one (1) year in jail.

A second DUI conviction generally carries 96 hours to one year in jail, and $390 to $1,000 in fines.

Sometimes and with proper representation, jail time can be converted to house arrest or work service. It’s also important to note that various fees and “penalty assessments” will significantly increase the amount the offender actually pays for a DUI conviction.

If you are arrested for a fourth DUI in California, you can face serious penalties. You can face one year in jail with a 120-day minimum sentence, around $2,000 in fees, driver’s license suspension, an ignition interlock device (IID) and DUI courses for 18 months.

Ignition Interlock Device (“IID”) Requirements In California

In January 2019, a new law went into effect, allowing individuals whose license was suspended for driving under the influence immediate eligibility of a restricted license with the installation of an ignition interlock device (IID). Senate Bill 1046 extended the IID Pilot Program in effect from July 1, 2010, to July 1, 2017, for the counties of Alameda, Los Angeles, Sacramento, and Tulare.

An Ignition Interlock Device is a small breathalyzer that is wired to the ignition on your vehicle. To start your car, you must provide a breath sample. If the device detects a measurable amount of alcohol, your engine will not start. In addition, you are required to provide periodic breath samples while you operate the vehicle.

DUI Driver License Suspension in Florida

Driving under the influence (“DUI”) in Florida is a considerable offense that can lead to charges of a third-degree felony and fines ranging from $2,000 to $5,000. It’s important to note that the risk of a DUI offense increases when an individual’s blood-alcohol content (“BAC”) reaches 0.08% or higher. For repeat offenders of DUI, the penalties become even more severe.

As per Florida law, there are various charges related to driving under the influence (DUI) that an individual may face if arrested for drinking and driving. Florida Statute Chapter 316, Section 193, states that a DUI conviction may occur if the person does any of the following:

(1) operates a vehicle or is in physical control of a vehicle within the state of Florida;

(2) while under the influence of alcoholic beverages, any chemical substance identified in Florida Statute Chapter 877, Section 111, or any controlled substance identified in Chapter 893; and

(3) has a blood-alcohol content (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood or has a BAC of 0.08 grams of alcohol per 210 liters of breath.

Florida Driving Under the Influence (“DUI”) Laws & Penalties

The penalties for a DUI conviction vary depending on the nature and specific details of the offense and whether the charged individual has prior DUI convictions.

Under Florida Statute Chapter 316, Section 193(2)(a), a person with one or two DUI convictions faces the following penalties:

Fines – A first DUI conviction results in a potential fine between $500 and $1,000, and a second DUI conviction results in a potential fine between $1,000 and $2,000.

Jail Time – A first DUI conviction results in potential jail time not to exceed 6 months, and a second DUI conviction results in potential jail time not to exceed 9 months.

Driver’s License Suspension or Revocation – Under Florida Statute Chapter 322, Section 28, a first DUI conviction may result in the suspension of a driver’s license for a period of at least 180 days, but not more than 1 year. Under the same statute, a second DUI conviction that occurs within 5 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 5 years.

Ignition Interlock Device – A first DUI conviction may result in the installation (at the court’s discretion) of an ignition interlock device for a period of 6 continuous months when the individual’s BAC is .08 or higher. However, a first DUI conviction results in the mandatory installation of an ignition interlock device for a period of 6 continuous months if the individual’s BAC is .15 or higher. A second DUI conviction results in the mandatory installation of an ignition interlock device for a period of 1 year at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.

Under Florida Statute Chapter 316, Section 193(2)(b), a person with three or four (or more) DUI convictions faces the following penalties:

Fines – A third DUI conviction that happens within 10 years of a prior DUI conviction is considered a third-degree felony, and results in a potential fine not to exceed $5,000. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in a fine between $2,000 and $5,000. A fourth or subsequent DUI conviction (regardless of when it happened) is considered a third-degree felony and results in a potential fine of at least $2,000 or more.

Jail Time – A third DUI conviction that happens within 10 years of a prior DUI conviction may result in potential jail time not to exceed 5 years. A third DUI conviction that happens more than 10 years after a prior DUI conviction may result in potential jail time not to exceed 12 months. A fourth or subsequent DUI conviction (regardless of when it happened) may result in potential jail time not to exceed 5 years.

Driver’s License Suspension or Revocation – Under Florida Statute Chapter 322, Section 28, a third DUI conviction that happens within 10 years of a prior DUI conviction results in the revocation of a driver’s license for a period of 10 years. Under the same statute, or fourth or subsequent DUI conviction results in the permanent revocation of a driver’s license.

Ignition Interlock Device – A third DUI conviction (regardless of when it happened) results in the mandatory placement of an ignition interlock device for a period of 2 years at the convicted individual’s expense when the individual qualifies for a restricted or permanent license.

Enhanced Penalties When Property Damage or Bodily Injury Result from a DUI Accident

Under Florida Statute Chapter 316, Section 193(3), DUI convictions that involve an accident resulting in property damage and/or bodily injury may result in enhanced penalties separate from the penalties resulting from the underlying DUI conviction.

A person who is convicted of any DUI offense and who causes or contributes to cause damage to property or physical harm to a person is guilty of a first-degree misdemeanor which may result in a fine not to exceed $1,000 and jail time not to exceed 1 year.

A person who is convicted of any DUI offense and who causes or contributes to cause serious bodily injury to a person is guilty of a third-degree felony which may result in a fine not to exceed $5,000 and jail time not to exceed 5 years.

A person who is convicted of any DUI offense and who causes or contributes to cause the death of another person or unborn child is guilty of DUI manslaughter, which is a second-degree felony resulting in a fine not to exceed $10,000 and jail time not to exceed 15 years. If the person knew or should have known that an accident happened, and fled the scene of the accident, leaving an injured person who subsequently died, he or she is guilty of DUI manslaughter as a first-degree felony, which results in a fine not to exceed $10,000 and jail time not to exceed 30 years.

Monthly Reporting Probation and Substance Abuse Course

Under Florida Statute Chapter 316, Section 193(5), anyone convicted of a DUI offense under section 193 will be required to undergo monthly reporting probation as well as required completion of a substance abuse course conducted by a DUI program which includes a psychological evaluation. If upon evaluation, the DUI program refers the convicted individual to subsequent substance abuse treatment, the convicted individual will be required to undergo any and all required treatment, evaluation and testing.

DUI Crimes in Florida

According to the Florida Department of Transportation (“FDOT”), “driving under the influence” (also known as impaired driving) takes place when a driver attempts to operate a vehicle while he or she is under the influence of drugs and/or alcohol. At this time, DUI cases account for 25% of motor vehicle fatalities in the State of Florida. DUI offenses may take place after a person consumes one or more of the following substances:

Alcohol

Illegal substances (like cocaine or heroin)

Prescription medication (like opioid painkillers or benzodiazepines)

Understanding the Severity of DUI in Florida

As dictated by the Florida Statutes Title XXIII, Chapter 316.1934(1), it is completely illegal for a person to consume alcoholic beverages or drugs (legal or illegal) to the extent that their judgment and motor control are fully impaired while being in physical control of a motor vehicle along a roadway. Keep in mind that “normal faculties” include:

Sight

Hearing

Walking and coordination

Speaking and general comprehension

Depth perception

Quick judgment and logic

Committing a DUI Offense in Florida

According to Title XXIII, Chapter 316.193(1), any person who is guilty of driving under the influence of a potentially addictive or influential substance while in full physical control of a vehicle will be charged with a DUI offense. To be found guilty of a first conviction of DUI, an individual must have:

Consumed alcohol, illegal drugs, or any other controlled substances that completely impaired his or her judgment and reflexes

Had a blood-alcohol content (BAC) recording of 0.08% + grams of alcohol per 100 milliliters of blood

Had a blood-alcohol content (BAC) recording of 0.08% + grams of alcohol per 210 liters of breath

Here is a closer look at charges for second, third, and fourth DUI offenses:

Second offense: the implementation of an ignition interlock device

Third offense (within 10 years of 2nd violation): found guilty of a 3rd-degree felony

Third offense (after 10 years of 2nd violation): fine and mandatory placement

Four or more offenses: found guilty of a 3rd-degree felony

Many of our clients run into trouble at inconvenient times. That’s why Halley and her team is available 24/7.

Florida DUI Charges Explanation

In Florida, the process of being arrested and charged with a DUI typically involves several steps. Initially, a driver may be pulled over by law enforcement for a traffic violation, such as running a red light, failing to signal, or speeding. Alternatively, the driver may be stopped due to suspicious behavior, such as swerving or weaving between lanes. Once pulled over, a police officer may invite the driver to submit to one or more field sobriety tests or perhaps take a breathalyzer test if there are indications that the driver may be impaired.

If the driver does not pass the field sobriety test and/or the breathalyzer test, they may be arrested and taken into custody. Subsequently, a prosecuting attorney will review the details of the arrest to determine if there are sufficient grounds to file criminal charges, such as a DUI. In such cases, a skilled Southern Florida criminal defense attorney can assist in challenging the accuracy of the breathalyzer results.

Two Separate Cases Filed Against You as a Result of DUI Arrests in Florida

In Florida, DUI arrests lead to two separate cases initiated by the state: an Administrative Hearing, followed by a criminal case.

The administrative hearing addresses matters related to the driver’s license, including their ability to drive and potential license suspension. It is the first case that a DUI-charged driver must defend against. Hiring an experienced DUI defense attorney like Halley J. Peters is crucial in protecting one’s driving privileges, as the window to defend them is only 10 days. Remember to consult with a qualified Florida DUI defense attorney at HJP Legal immediately after being released from police custody.

On the other hand, the criminal case for DUI determines the driver’s guilt or innocence regarding the criminal charges. If found guilty, the court will impose appropriate punishments based on the verdict.

HIRING THE RIGHT DUI DEFENSE LAWYER IN SOUTHERN CALIFORNIA & SOUTH FLORIDA

Driving under the influence can happen to just about anyone. It is usually not seasoned criminals that end up facing drunk driving charges. Many DUI offenders are professionals with good standing in their community.

At HJP Legal, we know that getting your life back to normal is essential. We are experienced attorneys, well-respected in the courthouses who fight hard for our clients protecting their rights and preserving their freedoms.

Our firm prides itself on the relationships we have with opposing counsel, with law enforcement and with every client that comes in our door.

Hire The Best for DUI Defense Attorney with HJP Legal

Halley J. Peters at HJP Legal is a seasoned defense attorney dedicated to ensuring those detained or alleged to have violated the law receive the very best outcome legally and personally. She has over a decade of experience practicing and is licensed in both California and Florida.

Ms. Peters has rigorously defended individuals, as well as large financial institutions, including UBS, Merrill Lynch, and Wells Fargo. In addition to practicing in the field, Ms. Peters has clerked for Florida Supreme Court Justice E.C. Perry and Appellate Judge Leslie B. Rothenberg at the Third District Court of Appeals for Florida. Ms. Peters graduated magna cum laude from the University of Miami School of Law in 2011 and with distinction from the University of Michigan in 2008.

For Southern California and South Florida criminal cases related to DUI and Drivers License Suspensions, contact Halley J. Peters at (949) 340-0102.

Remember that with Halley, no concern is too small.