DUI Courts

A DUI conviction means that you’ve been found guilty of either (1) driving under the influence of alcohol and/or drugs, or you’ve been found guilty of driving with a .08% or more blood alcohol concentration. To be convicted, you either plead guilty at the Arraignment stage of the case, or you plead guilty during the pre-trial stage of the case, or a jury found you guilty after a Trial, meaning that the jurors determined that the government had proved their case against you beyond a reasonable doubt.  […]

People often ask “what are the penalties for a DUI? First, you need to know that the term ‘DUI’ is a generic term for ‘driving under the influence’.  In California, a DUI is broken down into the following charges, and a conviction of either of them is a DUI conviction: […]

Getting arrested does not necessarily mean you are Guilty. The fact that you got arrested for a DUI can’t be changed; however, the goal now should be to do whatever you can to not get convicted of a DUI. […]

When you are arrested for an alcohol related DUI (VC23152(b)), there are two separate and independent proceedings that are going to happen.  First, the Department of Motor Vehicles (DMV) Driver Safety Office will take action against your driving privilege by trying to suspend your driver license.  You have 10 days from the date of arrest to request a hearing with the DMV to contest the suspension.  Note that if you are arrested for a drug related DUI (VC23152(f)) (no alcohol) the DMV will take no immediate action against your driving privilege. But if you are [...]

Two Proceedings: There are two separate and distinct proceedings that occur with every alcohol related DUI arrest.  First, the Department of Motor Vehicles (DMV) will take action against your driving privilege by trying to suspend your license.  Second, the District Attorney/City Attorney will try to punish you for breaking the law by filing criminal charges against you in Court. The following is a summary of each proceeding. Keep in mind that even though both the DMV and Court proceedings arise from the same DUI arrest, each proceeding is independent from the other and each is [...]

“Per Se” means “by or in itself.” California Vehicle Code 23152(b) makes it a crime to drive a motor vehicle with a blood alcohol concentration (“BAC”) of 0.08% or higher.  Often referred to as California’s “per se” DUI law, this section means that someone driving “at or over the BAC limit” of .08% or more, the person can be found guilty of DUI, even if it cannot be proven that he or she is actually “under the influence” of the alcohol.  Thus, the BAC level itself is an illegal level. […]

Felonies are the most serious kind of criminal charge, punishable by State prison and major fines. It is no different with a DUI. In California, a DUI can be filed as a felony by the prosecuting agency. If you’ve been arrested for DUI, it’s important to know what kind of charge you face, and what this means for your case as well as your exposure. But first, you should know the difference between the two types of charges. […]

When you get arrested for a DUI in California, there is two proceedings that are going to happen independent of each other, yet they’re going to go simultaneously. The first one is the DMV, they’re trying to suspend your license. The second proceeding is the court case. The court case, you’re going to have an arraignment. That’s the first hearing. At the arraignment, the court is going to advise you what you’re charged with and take your plea. […]