Advocate, Coordinator & Counselor
At The Blalock Law Firm, PC, our Walnut Creek DUI lawyer, will never tell
you to shut up, get behind us, and do as we say. Instead, we seek your
input at every fork in the road and as we develop a successful strategy
to defend your case. We are your advocates and continually work to ensure
that this is just a tiny speed bump in your life and not a brick wall
that you will hit.
We like to say that we try honey before vinegar, which often yields the
best results in our currently overburdened adversarial criminal justice
system. In addition, we only handle DUI cases, giving you the focused
solutions you need when you are facing such a complex matter.
In every case we take on, we will always:
- Take the time and energy to discover all the relevant facts
- Evaluate the strength and weaknesses of the evidence
- Analyze the best judge and district attorney to obtain the best resolution
- Reduce anxiety throughout the process of defending the case against the
government
- Obtain excellent results in reducing our client’s legal exposure
DUI Laws & Penalties in California
If your blood alcohol content (BAC) is at least .08 percent while operating
a vehicle, you could be charged with driving under the influence in California.
However, commercial driver’s license holders with a minimum BAC
of .04 percent and
underage drivers (under 21 years old) with a BAC of at least .01 percent can face DUI charges.
If you are convicted of DUI, you face a wide range of criminal penalties,
including fines worth thousands of dollars and even a jail or prison sentence.
In addition, your driver’s license is subject to suspension.
The following is a breakdown of the DUI penalties in California:
-
First DUI – Punishable by a maximum jail sentence of six months, a fine of
up to $1,000, and driver’s license suspension for six months.
-
Second DUI – Punishable by a jail term of up to one year, a maximum fine of
$1,000, and driver’s license suspension for two years.
-
Third DUI – Punishable by a jail sentence of up to one year or imprisonment
for up to 16 months, a fine of no more than $1,000, and driver’s
license suspension for three years.
-
Fourth or subsequent DUI – Punishable by imprisonment for up to three years, a maximum fine
of $1,000, and driver’s license revocation for four years.
If a first-time DUI involves an injury, the charge can either be a misdemeanor
or a felony. A misdemeanor conviction carries a jail sentence of up to
one year, a maximum fine of $5,000, and driver’s license suspension
for three years, while a felony conviction can result in a prison term
of up to four years and a fine not exceeding $5,000
If a first DUI offense involves a death, you could be charged with gross
vehicular manslaughter while intoxicated. The offense can lead to a prison
sentence of up to 10 years and a maximum fine of $10,000.
What Happens to My License After a DUI Arrest?
Whether your BAC was .08 percent or you refused to take a chemical test
after being arrested for a DUI, your
driver’s license will be automatically suspended. You will then have 10 days to
request a hearing and appeal the suspension by the DMV.
If you win your hearing, your driving privileges will be reinstated. If
your suspension is upheld, you can still apply for a “restricted
license.”
There are two restricted license options: installing an ignition interlock
device (IID) in your vehicle for four months or entering the employment/treatment
program for five months. The IID program allows you to drive to any place
at any time, while the other option enables you to drive to, from, and
during employment, as well as to and from your DUI program.
Keep in mind, this driver’s license suspension period is separate
from the license suspension handed down by the criminal court after conviction.
However, there are also restricted license options available.
Let's Get Started Today!
Get our Walnut Creek DUI lawyer's experience, insights, and advocacy on
your side with an
affordable, flat-rate fee or payment plans that fit your budget and a free letter to the DMV within the vital 10-day
window. Let The Blalock Law Firm, PC protect your
license and your future.
Are you facing a DUI charge? Contact The Blalock Law Firm, PC today at
(925) 259-3270 or
online to schedule a meeting with our Walnut Creek DUI lawyer.
APS/ License Suspension