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Los Angeles DUI Defense
Southern California DMV Hearings

ANY PERSON WHO OPERATES A MOTOR VEHICLE SHOULD BE AWARE OF THE FOLLOWING:

• It is a crime for anyone with a blood alcohol level of .08 percent or higher to operate a motor vehicle on a public roadway.
  
• It is a crime to drink any alcoholic beverage in a motor vehicle upon a public roadway.
  
• It is a crime to have an opened container holding any amount of alcoholic beverage in a motor vehicle on a roadway unless the container is kept out of the immediate control of the occupants.
  
• Anyone arrested for driving under the influence must submit to a chemical test (blood, breath, or urine) to determine the alcohol content of the blood. Failure to complete or refusal to take the test will result in suspension of the driver's license for one year.
  
• If you are arrested for driving under the influence and your blood alcohol level is .08 percent or more, your driver's license will be taken away by the arresting officer at the time of your arrest. A 30-day temporary permit will be issued by the Department of Motor Vehicles to allow for administrative review and appeal, then your license will be suspended for four months. If you refuse to take a test, your license will be suspended for one year.
  
• For a first conviction, you will be fined $390 to $1,000 and serve 96 hours to six months in jail with three to five years of probation.
  
  • . . . with each subsequent violation the penalties are enhanced.
  • . . . out-of-state convictions are considered prior convictions in California.

• For a second conviction, you will have the same fines as a first conviction; however, the term of imprisonment will be at least 90 days to one year.
  
• For a third conviction in seven years, it can lead to a prison term of two to four years, plus additional fines.
  
• A fourth conviction is an automatic felony.
  • . . . upon a DUI conviction, if you were driving in a reckless manner and exceeding the maximum speed limit by 30 mph on a highway, or 20 mph on any other roadway, an additional 60-day penalty enhancement will be added to your sentence.
    
  • . . . penalties will be enhanced up to 90 days for DUI if there is a minor child under the age of 14 in the vehicle at the time of arrest.
    
  • . . . the DUI driver with a minor child under the age of 14 may also be convicted of child endangerment, which is a misdemeanor and is punishable by imprisonment in the county jail for up to one year, or in the state prison for two, four or six years.

Note - fines do not include the cost of attorneys, vehicle impoundment or court penalty assessments (which may equal or exceed the original fine).

Any teen who drives should be aware that . . .

• . . . alcohol-related traffic collisions kill more young people between 16 and 24 than any other single cause.
• . . . it is a crime for anyone under the age of 21 to drink alcohol.
• . . . anyone under 21 found driving with a blood alcohol level of .01 percent or higher will automatically lose their driving privilege for one year.
• . . . minors found driving with alcohol in their systems who don't yet have a driver's license, or who aren't eligible for a license at the time of the violation, will be disqualified from applying for a license for one year.
• . . . a driver under 21 with a blood alcohol level at or above .08 percent (the state's current presumptive level for DUI) can be arrested and prosecuted for driving under the influence.
• . . . anyone under 21 who is arrested for any alcohol or drug offense will have his/her license suspended for at least one year. If he or she does not have a license, the offender must wait an additional year before one will be issued.
• . . . it is a crime for anyone under the age of 18 with a blood alcohol level of .05 percent or higher to operate a motor vehicle.
• . . . anyone convicted of this crime will be sentenced and fined as an adult but will spend his/her sentence in a juvenile correctional facility or California Youth Authority Detention Center. There will also be a mandatory enrollment in an alcohol education program or community service.
• . . . the court may order that all fines and fees be paid by the parent(s) of the minor.