Driving under the influence (DUI) is a serious offense in California, with strict laws and severe penalties designed to protect the public and reduce impaired driving incidents. If you’re facing a DUI in San Bernardino County or elsewhere in California, it’s essential to understand the legal consequences, fines, and potential jail time. At The Law Offices of Kirk Tarman & Associates, we specialize in defending clients against DUI charges and other criminal offenses. With an experienced criminal defense attorney in Rancho Cucamonga by your side, you’ll have the guidance you need to navigate California’s complex DUI laws.
Understanding DUI Laws in California
California DUI laws prohibit anyone from driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, while for drivers under 21, any BAC over 0.01% can result in DUI charges. A DUI conviction can lead to severe penalties, and each subsequent offense carries harsher consequences.
California DUI Penalties: What to Expect
The penalty for DUI in California varies depending on the number of previous offenses, whether anyone was injured, and any aggravating factors (such as high BAC or having a minor in the car). Here’s a breakdown of California DUI penalties for first, second, and third offenses:
- DUI Fine California: Fines from $390 to $1,000, with additional court fees.
- Jail Time DUI California: Up to 6 months in county jail, though probation is often granted in place of jail time for first-time offenders.
- License Suspension: A 6-month license suspension, though a restricted license may be available with an Ignition Interlock Device (IID).
- DUI Education: Mandatory 3 to 9-month DUI education program.
- DUI Fine California: Fines range from $390 to $1,000, plus court fees.
- Jail Time DUI California: 96 hours to 1 year in county jail.
- License Suspension: A 2-year license suspension, with IID requirements for license reinstatement.
- DUI School: 18 or 30 months of mandatory DUI school.
- DUI Fine California: Fines up to $1,000, along with additional court fees.
- Jail Time DUI California: 120 days to 1 year in county jail.
- License Suspension: 3-year suspension with IID requirements for reinstatement.
- DUI School: 30-month DUI program.
A fourth DUI offense within 10 years is considered a felony, carrying even harsher penalties, including significant jail time and extended license revocation.
Enhanced Penalties for DUI in California
California enforces enhanced penalties for DUI in certain situations, especially when aggravating factors are present. Enhanced penalties apply when:
- BAC is 0.15% or Higher: High BAC levels result in more severe penalties, such as longer DUI education requirements and possibly additional jail time.
- DUI with Injury: If the DUI causes injury to another person, it can be charged as a felony, leading to extensive fines, prison time, and restitution payments.
- DUI with Minor Passenger: Driving under the influence with a passenger under 14 years old increases penalties, including mandatory jail time and additional fines.
- Refusal to Submit to Chemical Testing: Under California’s implied consent law, drivers must submit to chemical testing when lawfully arrested. Refusing the test can result in an automatic one-year license suspension and additional penalties if convicted.
These California DUI enhanced penalties serve to discourage particularly dangerous behavior and carry added consequences that can significantly impact your life.
Jail Time for DUI in California
One of the most concerning penalties for a DUI charge is potential jail time. Jail time for DUI in California varies based on factors such as prior DUI convictions and the presence of enhanced factors. While first-time offenders may avoid jail through probation, repeat DUI offenses and DUIs involving injuries often carry mandatory jail sentences. Working with an experienced DUI attorney near me is crucial to building a strong defense that may minimize or avoid jail time altogether.
How Fines and Fees Add Up
In addition to potential jail time, DUI fines in California can quickly add up. Fines for a DUI start at $390 but can increase significantly due to court assessments, mandatory program fees, and restitution payments if someone was injured. These financial penalties can place a considerable burden on individuals, especially when combined with other consequences, such as license suspension and increased insurance rates.
The Court Process for a DUI Charge
If you’re facing a DUI charge, understanding the court process can help reduce anxiety and prepare you for what lies ahead. Here’s a general overview of the steps involved:
- Arrest and Booking: After being arrested, you’ll be booked, and your vehicle may be impounded.
- Arraignment: This is your first court appearance, where you’ll be formally charged and have the opportunity to enter a plea. Your attorney can represent you at this stage and advise on the best course of action.
- Pre-Trial Motions and Hearings: Your attorney may file motions to challenge evidence or dismiss charges, especially if there were procedural errors during your arrest.
- Trial or Plea Deal: If a plea deal is not reached, the case proceeds to trial, where both sides present evidence and arguments.
- Sentencing: If convicted, the court will impose penalties, including fines, jail time, and license suspension.
The expertise of a seasoned criminal defense attorney in Rancho Cucamonga is essential to navigating these steps and building a defense that aims for the best possible outcome.
DUI Defense Strategies
Defending against DUI charges requires a skilled and knowledgeable attorney. At The Law Offices of Kirk Tarman & Associates, we thoroughly review each case, looking for any factors that could strengthen your defense, such as:
- Challenging BAC Results: BAC tests can be inaccurate due to calibration issues, faulty equipment, or improper administration.
- Questioning Field Sobriety Tests: Field sobriety tests are subjective and often unreliable.
- Investigating Police Procedures: If officers failed to follow protocol during the arrest, this could lead to evidence being dismissed.
Our firm’s unique experience, which includes a former Deputy District Attorney and a former San Bernardino DA litigator, equips us with the insights and strategies necessary to advocate for our clients effectively.
Why Choose The Law Offices of Kirk Tarman & Associates?
Choosing the right DUI attorney near me is critical when facing DUI charges. With over 25 years of criminal defense experience, The Law Offices of Kirk Tarman & Associates provides clients with expert defense strategies tailored to each case. Here’s why you should trust us with your defense:
- Specialized DUI and Criminal Defense: Our firm focuses exclusively on criminal defense, ensuring you receive knowledgeable, specialized representation.
- Experience with Local Courts: Our familiarity with the courts in San Bernardino County and the surrounding areas gives us an advantage in defending our clients.
- Boutique-Style Representation: As a boutique law firm, we provide each client with personal attention and tailored strategies to achieve the best possible outcome.
Contact The Law Offices of Kirk Tarman & Associates Today
If you or a loved one is facing a DUI charge in California, don’t face it alone. The experienced attorneys at The Law Offices of Kirk Tarman & Associates are here to guide you through the legal process and provide the aggressive defense you need. Serving clients in Rancho Cucamonga, San Bernardino County, and nearby areas, we’re ready to fight for your rights and secure the best possible outcome for your case.
Contact us today for a free consultation and take the first step toward protecting your future.