Your First DUI Arrest
A first DUI arrest is the most "typical" type of DUI arrest there is. However, this does not mean that you are facing little or no consequence. Also, it doesn't mean that the Court and or the DMV will take this casually.
If you are anything like me I wanted to know right after my "DUI arrest" exactly what was going to happen. However, that can not be answered right now because we don't have enough information. The starting point for every case (DUI or not) is the actual written police report which we typically don't have within the first couple of weeks.
However, if you read the "pink" temporary license that most people are issued the California Department of Motor Vehicles only gives you Ten calendar days within which to set a DMV hearing which means that you should hire a lawyer before this time period runs out. This is because the Public Defender can not help you with the DMV. In addition, if you set the DMV hearing yourself (which you can do, although I would not advise it) and then you try to find a lawyer you may be in the situation where the lawyer of your choice has a date and time conflict with the date and time of the hearing set by the DMV. This can cause problems especially for a single lawyer law firm. Assuming you do get a lawyer hired and a hearing set then after the hearing you will be sent the results of the DMV hearing through the regular mail.
Speaking of stuff in the mail..... expect to receive fake magazines, letters, flyers, or whatever you want to describe them as, in the mail within about the first 48 - 72 hours after your release from jail. These are from the attorneys who use direct mail marketing. Each different piece of mail you receive will tell you essentially that they are the best lawyer for you; that only they can handle your case; they are the best; they are the biggest; they do this or that. Especially the "magazines." Be very cautious.
On the court side the following is what you might expect as a punishment from a typical court in San Diego following a guilty plea or being found guilty at trial. Please be aware that the following is a range of punishments and an individual judge may impose harsher penalties than are listed here. As always please consult with an attorney for more specific information about the court and judge that you have to appear in front of.
FIRST OFFENSE (within Ten years)
Attend and complete a 3 or 6 month alcohol/drug program; A fine of at least $390 but no more than $1,000; A mandatory penalty assessments (no more than $1,000); A 90-day license restriction to and from work, during work and to and from DUI program following any DMV suspension (only on non-"refusal" cases); Morgue program (if underage); S.T.A.R program (if underage); Public work service (if blood alcohol level high or accident; Mothers Against Drunk Drivers (MADD) impact panel.
The above punishments are typical results in a worst case senario and if you think that is bad be thankful your case is not in Riverside county. In Murrieta Commissioner Bishop's policy is to "offer" the defendant on a 1st DUI 15 days in jail. (This information is as of 10/31/07)
The Statutory Elements of this Offense make it a misdemeanor to drive a vehicle under the following circumstances: While under the influence of any alcoholic beverage or drug, or under their combined influence. Note that it is not necessary to prove any specific degree of intoxication, but only that the defendant was under the influence according to McDonald v Department of Motor Vehicles (2000) 77 CA4th 677, 687, 91 CR2d 826. Which means that there is a rebuttable presumption of intoxication based on blood alcohol level. (You can fight the "intoxication" part)
When a defendant is charged with driving under the influence of a drug, a showing of a specific measurable amount of the drug in the defendant's blood is not required. The showing that must be made is that the defendant was under the influence. People v Bui (2001) 86 CA4th 1187, 1194, 103 CR2d 908.
If the defendant has 0.08 percent or more, by weight, of alcohol in his or her blood it is not necessary to prove the defendant was, in fact, under the influence; it is sufficient to prove the defendants blood-alcohol level was 0.08 percent or more. Burg v Municipal Court (1983) 35 C3d 257, 262 - 263, 198 CR 145. This statute is sometimes referred to as the "per se" DUI statute.
There is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.
The percent by weight is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Vehicle Code §23152(b).
The blood alcohol levels drops to 0.04 percent or more, by weight, of alcohol if driving a commercial vehicle.
Generally, when you are charged with a misdemeanor you do not need to personally appear in court but may appear through counsel. (Penal Code Section §§977(a)(1)) However, the court may, in an appropriate case, order a defendant charged with a misdemeanor violation of Pen C §192(c)(3), Veh C §23103 as specified in Veh C §23103.5, Veh C §23152, or Veh C §23153 to be present at arraignment, at the time of plea, or at sentencing.