DUI


DRIVING UNDER THE INFLUENCE ​​
(DUI)-Vehicle Code 23152

You must request a DMV hearing within 10 days of your arrest to avoid an automatic suspension of your California driver's license.  

We understand that being arrested is a difficult experience to go through, especially if you have never been arrested before. Being arrested for DUI can have a potentially devastating impact on your life. The penalties are serious and can have a lasting effect on a person's driver's license and ability to maintain employment. Moreover, DUIs are priorable, which means that past convictions can be used to increase punishment for future DUI offenses. It is especially important to have good representation when defending against a DUI. 

There are several code sections that govern DUIs in California.  California Vehicle Code section 23152(b) prohibits driving under the influence with a blood alcohol content of .08 percent or higher. California Vehicle Code section 23152(e) prohibits driving under the influence of drugs.  It is possible to be charged with DUI involving prescription medication.  

PENALTIES 

The penalties for DUI will depend on the individual facts of your case. The penalties below are intended to give you some general information. For specific information regarding the penalties you may be facing, contact the Law Offices of Ty Martinez for a free initial consultation. 

FIRST DUI 

Maximum 6 months county jail; 
3 years of probation; 
Maximum $1,000 fine, plus penalties and assessments added by the court (which can quadruple the fine!); 
First Offender alcohol program (varies in length depending on blood alcohol level); 
MADD (Mothers Against Drunk Driving) and Victim Impact Panel (VIP) sessions 
Hospital and Morgue (HAM) program 
Driver's License suspension 
Interlock Ignition Device (if convicted in Los Angeles County) 

SECOND DUI 


Maximum 1 year county jail; 3 to 5 years of probation; 
Maximum $1,000 fine, plus penalties and assessments added by the court (which can quadruple the fine!); 
Multiple Offender alcohol program (18 months); 
MADD (Mothers Against Drunk Driving) and Victim Impact Panel (VIP) sessions; 
Hospital and Morgue (HAM) program; 
Interlock Ignition
 Device Driver's License suspension 

THIRD DUI 


Maximum 1 year county jail; 3 to 5 years of probation; 
Maximum $1,000 fine, plus penalties and assessments added by the court (which can quadruple the fine!); 
Multiple Offender alcohol program (18 months); 
MADD (Mothers Against Drunk Driving) and Victim Impact Panel sessions; 
Hospital and Morgue (HAM) program; 
Interlock Ignition Device 
Driver's License revocation - Court has discretion to revoke California Driver's License for ten (10) years 

FELONY DUI (Typically a fourth DUI offense) 

Maximum 3 years state prison; 
Maximum $10,000 fine; 
Driver's License revocation 

DUI CAUSING INJURY (Vehicle Code Section 23153) 

A DUI involving an accident where someone was injured is a "wobbler," meaning it can be charged as either a misdemeanor or a felony, depending on the severity of the situation. 

INCREASED PENALTIES FOR DUI
 
If you were involved in an accident, were speeding, had a child in the vehicle, or refused a chemical test upon request of an arresting officer, additional penalties may apply to your case and you may be ordered to pay restitution. 

REFUSAL 

If you refused to take a chemical test, you may be facing additional jail time, and the DMV will suspend your license for 1 year. A second offense within 10 years will result in a 2-year revocation. •A third or subsequent offense within 10 years will result in a 3-year revocation. UNDER 21 YEARS OLD If you were under 21 years of age at the time of the DUI arrest and you had a blood alcohol level of .01 percent or above, the DMV will suspend your license for 1 year. 

DRIVING UNDER THE INFLUENCE OF DRUGS
 


Both illegal and prescription drugs can affect a driver's ability to operate a vehicle in a safe manner in the same way as alcohol does. If you have been charged for driving under the influence of drugs, it is important to consult with a DUI lawyer to discuss your defense against these charges. The Law Offices of Ty Martinez has helped hundreds of clients fight charges of DUI with drugs and has successfully represented them in the Los Angeles County, Orange County and Inland Empire areas.



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