Overview of California's DUI Laws
Anaheim DUI Defense Lawyers
It is illegal to operate a motor vehicle while under the influence of alcohol
in the state of California, and there are a number of different penalties
that you could face if convicted of this offense. There are also many
other offenses that can increase the penalties that you face, depending
on the circumstances of your arrest. If you've been arrested for
drunk driving, it is important that you have an Orange County DUI lawyer with a proven
track record of success on your side.
When you work with the team at The Law Office of Barney B. Gibbs, this
is exactly what you will get. This firm has been serving the residents
of Southern California in various
criminal defense matters for a number of years – including driving under the influence
(DUI) offenses – and Attorney Gibbs is dedicated to providing his
clients with the one-on-one attention and assistance that they deserve.
Over the last 30 years, he has even secured more than 1,100 criminal case
The Penalties for a First or Second DUI Conviction
Both federal and state law prohibit driving under the influence of drugs
or alcohol. If you are pulled over and asked to perform a breath or blood
test, and the results of this chemical test show that your blood alcohol
content (BAC) is at least 0.08% within three hours of driving the vehicle,
then it is presumed that your BAC was at least 0.08% at the time that
you were driving the car.
California Vehicle Code § 23152
(a), it is unlawful for a person who is under the influence of any alcoholic
beverage to drive a vehicle.
If you are convicted for driving under the influence, not only does it
go on your record and mar your reputation, but you can also face heavy
penalties that can be costly and restrict your freedoms. The law clearly
defines proper sentencing of possible probation, jail time, and fines
for DUI convictions that become more severe when facing
The penalties for a first-time DUI conviction are found in VC § 23536
and are as follows:
- Informal probation for three to five years
- No less than 96 hours in jail, and no more than six months
- A fine of no less than $390, and no more than $1,000
- Driver's license suspension for six to ten months
- Participating in a DUI program.
Under VC § 23540, if you are convicted of a second DUI, you can face
90 days to a year in jail and a drivers' license suspension for two
years. The harsher sentencing means that if you are facing multiple offenses,
you need a criminal lawyer on your side who knows what it takes to win.
Aggravating Factors in a California DUI Case
VC § 23572 increases the penalties for a DUI conviction when a minor
was in the vehicle at the time of the defendant's arrest. If were
arrested for a first-time DUI offense when a minor under the age of 14
was in the vehicle, you will face the penalties provided in VC §
23572, which are as follows:
- All penalties provided for a first DUI conviction
- A minimum increase of 48 hours in county jail, none of which shall be stayed
If you are convicted of a second offense under the same circumstances,
you would face all penalties provided for a second DUI conviction and
a minimum increase of 10 days in county jail, none of which shall be stayed.
Facing charges of drunk driving can cause a great deal of emotional hardship,
and it is essential for you to have a DUI defense attorney on your side
who understands this.
Arrested for DUI? Call today for a free initial consultation!
If you have been arrested and charged with driving under the influence
in Orange County, you need a representative on your side that will aggressively
fight for your rights and ensure that you are not convicted of a crime
that you did not commit. Remember, there is no evidence admitted in a
DUI case that cannot be fought by a skilled criminal defense lawyer. This
firm has years of experience in handling these kinds of cases in the past,
and this experience will be put to work for you if you choose to work
Contact the firm today for the aggressive counsel you need. Your
initial consultation is free!