​As you would expect, suffering a DUI conviction results in a myriad of punishments. Despite having to pay fines and fees in the neighborhood of $2,000-2,500 and do some mandatory jail time, for those of us here in CA who are dependent on our cars to get around, carry out our daily tasks, get to work, go to medical or dental appointments, and visit family, perhaps the harshest penalty is the mandatory suspension of our driver’s license. For a driver who suffers a standard first DUI, the DMV will suspend his or her driver’s license for 4 months. A standard second offense within 10 years will cause that same driver to lose his or her license for two years, and that driver  will be without a license for 3 years for a third offense. These penalties get harsher if the driver refused to take a breath or blood test after the arrest or was under 21 at the time of arrest.
 
However, California allows a person who has been convicted of a DUI to applyfor a restricted license, allowing them to drive (1) to and from their worksite, and driving they need to do for work, (2) a dependent child to school, (3) to necessary medical appointments, and (4) to any alcohol-education or self-help classes. A driver (in most DUIs) is allowed to apply for a restricted license after 30 days if convicted of a first offense DUI, 90 days if convicted of a second offense DUI, or 180 days if convicted of a third offense DUI. As part of the application the driver must also submit proof of enrollment in an appropriate Driving and Driving Education Program (DDP)[1], and submit proof of current financial responsibility (an SR-22 form.[2]) …And, of course, the DMV will charge a license re-issuance fee of $125. 
 
Once both the DMV-ordered and court-order suspension period has elapsed, a driver is eligible to apply for their full driving privilege back. To have a full license reinstated, the driver will need to show proof ofcompletion of the DDP class and, once again, pay a $125 reissuance fee. 
 
As the application for both of these licenses requires a driver to personally appear at a DMV office, and DMV waiting times have become exceedingly long, it is strongly suggested that drivers schedule their appointments as early on in the process as possible. 
 
Obtaining a restricted license if a complicated legal process. Obtaining an experienced attorney to guide you and ensure all your documentation is in order will ensure your driving privileges are reinstated as quickly as possible after a DUI conviction. 
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[1]  The length of the DDP program is dependent on the facts of the case. One common factor that determines the length of the program is the level of your Blood Alcohol Content (BAC). In California, these programs typically run for 3, 6, or 9 months. A second or third offense will require a driver to complete an 18-month class. 
 

[2] You can obtain an SR-22 from your current insurance carrier (if they do not cancel on you) or from a different insurance company (if you were dropped). Obtaining an SR-22 can be costly as the DUI conviction is strong evidence to the insurance carrier that you are a high-risk driver. Generally, you must maintain an SR-22 on file with the DMV for about 3 years, however, it can vary case by case.

So you got a DUI and now need to install an ignition interlock device (IID) in your car.  Here's everything you need to know:

On which cars do I need to install an IID?   
An IID needs to be installed on any car you drive or have registered to you.  If
a family member often drives a car registered to you, it may be advisable to go down to the DMV and have the title transferred to that family member so that your loved ones do not need to bear the burden of having to use an IID as well.  When the transfer is interfamily, the transfer fees can be low. 

How do I find an IID provider?  
These programs are recognized by the state:

• Lifesafer Interlock 
• Guardian Interlock
• Intoxalock Ignition Interlock 
• Low Cost Interlock
• Smart Start Interlock 
• Ignition Interlock Service Center 
• Drive Right 

How much is this going to cost?  
Costs vary by provider.  That said, installation costs usually run between $75 and $100+, (the cost can be affected by the type of car you drive; as you could expect, it's a lot easier to add technology to some cars than it is to others,) and then there are monthly monitoring fees which run anywhere from $50-100 per month.  Overall, the costs usually come down to about $3-4 a day. 

How long do I need to have the IID in the car?  
Usually the length of the IID requirement is govern by the court orders, however, as of 2019, an IID will need to be installed in your vehicle for at least 6 months after a 1st offense DUI, 1 year after a 2nd offense, and 2 years after a 3rd offense. Keep in mind, however, that having an IID installed in your car may qualify you to get a restricted license from the DMV sooner. 

How embarrassing! Ways to disguise that IID:  
There are several products on the marker to help you disguise the IID installed in your car. Check out these sites: 

• For coffee junkies. 
  

• For soda junkies. 

Is this really the law on the subject?  
Yes. If you want to read the law, see the text here. 

One of the most common and, arguably, most dangerous criminal offenses is driving under the influence of drugs or alcohol. A DUI driver poses a risk not only to themselves, but to the general public as well. Because of the possible severe consequences of a DUI, California imposes severe punishments. Here’s a quick list of tipson what to do and what not to do if arrested for a DUI.
 
Don’t:

1. DO NOT: Drink and Drive. Obviously, it is the first one. There are several ride-sharing services available that can ensure your safety and the general publics as well. Know them. Download the apps onto your phone BEFORE you go out.  Make sure your payment information within those apps is up to date. 
2. DO NOT: Refuse chemical tests. Per California Implied Consent law, when a person obtains their driver’s license, they are agreeing to submit themselves to a chemical test in advance. Refusing a chemical test carries additional punishments, such as a 1 year license suspension, and negatively affects possible defenses for the case.
3. DO NOT: Lie. When you admit to drinking one beer (in most cases a lie) it provides an officer a pre-text to ask you Field Sobriety Questions. Officer’s commonly hear “I had one beer” and instinctively know that it is false. Officer’s will also catch inconstancies in your story. So, if you can, politely refuse to answer any questions. 
4. DO NOT: Argue with the officer. These circumstances can be crucial to a defense, as an aggravated driver will definitely not have their offense mitigated down, whereas a compliant driver might. 
5. DO NOT: Forget to tell the officer of any medical conditions you may be suffering from that could impair your performance on the Field Sobriety Tests, your ability to hear the officer, or your ability to comply with any of the officer’s directions.

 
DO’s

1. DO: Have all your paperwork ready prior to the officer arriving. 
2. DO: Refuse the Preliminary Alcohol Screening Test (PAS). You are not legally required to consent to this test, so if offered, you are legally allowed to refuse to provide a breath sample. However, a breath or blood test, once you have been arrestedcannot be legally declined.
3. DO: Be polite. All facts regarding the situation are vital to potential defenses.
4. DO: Have your vehicle properly maintained. Although swerving is a common pretext for an enforcement stop, an officer pull you over if he has probable cause to believe you have violated ANY law. Although you may be driving perfectly, having a broken tail light or expired registration could potentially be the pretext for an officer to initiate an enforcement stop. An officer does not know that a person is intoxicated untilthey make contact, so don’t give them a reason to contact you.
5. DO: Contact a lawyer. From the enforcement stop, to the jail booking, each fact of your situation is important. Defending against a DUI charge is a complicated process and a conviction can carry severe punishments. Ensuring you have an experienced attorney could be the difference between an acquittal and a conviction.

Misconception #1: You can't be charged with a DUI if you haven’t had anything to drink
When most of us think of about being "DUI," we think of alcohol. However, it is also a crime to drive a vehicle under the influence of any drug (be it illegal, prescription, over-the-counter or a combination of prescription and illicit drugs,) that impairs your ability to safety operate that vehicle. it’s also a crime to drive a vehicle when you are not normal, mentally or physically, due to drugs in your system, regardless of whether they are .

Misconception #2: If you're under the influence of alcohol, you can avoid getting a DUI by riding your bike ...or a horse ...or a golf cart ...or a boat
California punishes the act of being under the influence while operating any of those modes of transport.

Misconception #3: You can just "feel" whether you're over the legal limit or not
I hear this one all the time from clients: "I thought I was okay to drive."  The reality is that the studies have shown that we are all poor judges of our own level of intoxication. While you may have a good tolerance for alcohol, meaning that your performance may not be as affected as a person with a lower tolerance, you can still be prosecuted for a DUI based on your blood alcohol level.
​
Misconception #4:  You have to take the Field Sobriety Tests (FSTs)
The law does not require you to take these tests, and in fact, most attorneys will tell their clients NOT to take them. Why? Because the tests can be difficult for ever a sober person to perform, and when you're under the added stress of being stopped by law enforcement, the chances of doing well is small.  These FSTs include taking a breath test before you are placed under arrest.  That said, here in California, must take a chemical test after arrest or your driver's line will be suspended for a year. 

Misconception #5: (On that same note) you have to answer the officers questions
With the exception of identifying yourself, and providing your license, registration and proof of insurance, you do NOT have to answer any of the officer's questions.  Why? Because you have the right against self-incrimination. So what should you say then? Any of the following will work:

•  “I am not going to answer any questions without first speaking to an attorney.”
•  “I respectfully decline to answer you questions."
•  “My friend/family member/attorney/priest/rabbi/voice in my head told me I should not answer any questions.”

Misconception #6: If you refuse to give a chemical sample, the police will not be able to determine what your BAC is, and therefore you cannot be convicted of a DUI
While you have the right to refuse to give a chemical sample (but be forewarned, the DMV will suspend your license for a year if you had been lawfully arrested at the time of your refusal,) if you are arrested for a DUI the police can and will apply for a warrant to take your blood.  If they can make a case to the judge on-call that there is probable cause to suspect you of a DUI, the judge will grant the warrant, and your blood will be (forcibly, if need be,) collected. 

Misconception #7: A driver has no way to check the validity of the test results
If you are arrested for a DUI, you will have the choice between a breath or blood sample, and the officer is required to inform you that if you choose the breath test, a sample of your breath will not be preserved for retesting. However, if you choose to have a blood test, your attorney can arrange to have the blood retested. Your attorney can also request the accuracy and maintenance records of whatever device tested your breath/blood so that we can make sure the testing device was working properly. 

Misconception #8: Because the officer didn't read you your Miranda rights, you can't be arrested
The Miranda decision only protects defendants from their post-arrest statements being used against them.  Two conclusions can be drawn from this. First, Miranda is not required to be read when you are simply pulled over and the officer is conducting his investigation. Second, as long as there is other evidence of your DUI offense (bad driving, chemical test results, FST results, etc.) you can be successfully prosecuted for a DUI.

Misconception #9: Your driver's license will not be suspended until after you've been convicted
In California, you have only 10 days after an arrest for a DUI to notify he DMV that you want a hearing to determine if the DMV can suspend your license; if you fail to contact them before that deadline, the DMV will suspend your license automatically. Worse, if you are later convicted of the DUI, the court will restart the suspension period. 

Misconception #10: If you are ordered to install an Ignition Interlock Device (IID) on your vehicle after a DUI, you can get around this requirement by driving someone else's car. 
In California, if you are ordered to install and maintain an IID, you cannot operate ANY vehicle that does not have one. 

Alcohol is perhaps one of the most widely-used, and most openly-accepted drugs in our society. But as soon as you couple drinking with getting behind the wheel of any sort of motor vehicle, California’s acceptance of a person’s drinking will come to a quick end, as anyone who has ever been charged with a DUI can tell you. 

So how do you go about fighting a charge of Driving Under the Influence (DUI)? The first thing you need to know is that you'll actually have two fights in front of you: first, with the Department of Motor Vehicles (DMV) and, secondly, with the Criminal Justice System. 

As any lawyer worth their bar card will tell you, addressing the battle with the DMV should be your first concern. This is because the DMV can, and almost always will, suspend your driver's license for six months unless you contact them within 10 days of your arrest to request a hearing.  (It is important to keep in mind that the term "arrest" doesn't only mean being taken into custody, it also includes the act of the police giving you a citation for driving under the influence.) The DMV has this power to suspend your driver's license because of what's known as the implied consent law, which, in short, means that in exchange for being allowed to drive on the roads of the state, you agree to obey all the state’s traffic laws, including the law which prohibits a driver from driving with a Blood Alcohol Concentration (BAC) of 0.08% or more.  If you fail to obey this law, the DMV can suspend your license.  Or, if you fail to give a chemical sample after being suspected of being a DUI driver, the DMV can suspend your license. 

At the DMV hearing (called an "Administrative Per Se" or "APS" hearing), the DMV has the burden of proof to prove three elements are met.  First, you were lawfully arrested. Second, you were driving a motor vehicle. And third, you BAC was 0.08% or more. The DMV needs to prove these three elements by "a preponderance of the evidence" or, in other words, more likely than not.  This is a lower standard than in the Criminal Justice System, where a prosecutor needs to prove you guilty "beyond a reasonable doubt." This lower standard makes it difficult for a driver to win at the DMV, but having a qualified attorney defending you can increase your odds.

After contacting the DMV to request this hearing, a hearing date will usually be set for approximately six weeks later. And, perhaps most importantly, the DMV will hold off on suspending your license until after the hearing, allowing you to keep driving until your case resolves.    
 
The fight with the Criminal justice system tends to be a little bit more involved.  In part, this is because there are actually two ways a prosecutor can try to find you guilty of a DUI.   Because the system gives prosecutors "two bites of the apple," if you will, it is not surprising to see a DUI driver charged with two separate violations of the law: a violation of Vehicle Code section 23152, subsection (a), and Vehicle Code section 23152 subsection (b).  While most of the time these are charged as misdemeanors, they can be charged as felonies. (More on that in a following blog post.)

To convict you on the Vehicle Code § 23152(a) count, the prosecutor needs to prove: (1) you were driving a motor vehicle, and (2) you were impaired to a degree that you could not safely operate a motor vehicle. You'll note your BAC doesn't matter at all under this count, something that surprises a lot of DUI drivers.  This means that even if your BAC is 0.07%, under the legal limit of 0.08%, you can still be found guilty of a DUI.  This often occurs in cases where the driver was driving poorly—swerving or not following other rules of the road—or during the field sobriety tests demonstrated a lack of coordination or ability to multitask.  

To convict you on the Vehicle Code § 23152(a) count, the prosecutor needs to prove: (1) you were driving a motor vehicle, and (2) BAC was 0.08% or above.
Because the penalties for a DUI can be severe, up to six months in jail for a first offense, and up to a year in jail for a second offense, it's imperative that if you've been charged with a DUI you have experienced legal counsel in your corner to help ensure you're not being taken advantage of by the legal system.  An experienced attorney can help determine if the officer had lawful authority to approach you, if the officer's police report is accurate, and whether the testing was done in accordance with regulations. 

To schedule a free, no-obligation consultation with Devina Douglas feel free to call her at (707) 408-3529 or get in touch with her online here.