DUI

A conviction for driving under the influence (DUI) can result in serious criminal penalties as well as the loss of your driver's license and other consequences in your personal and professional life.  The Ward Firm represents people charged with DUI offenses in Sacramento and throughout Northern and Southern California in criminal courts and hearings before the DMV.

Criminal Penalty

In California, anyone found driving with a blood alcohol concentration (BAC) of .08 or more can be found guilty of DUI.  One can also be charged with DUI with a BAC of less than .08, however.  Any impaired driving after consuming alcohol is considered DUI.  Weaving in and out of lanes and floating through stop signs are examples of impaired driving that, coupled with alcohol in the bloodstream, can lead to a DUI charge.

A first offense can lead to up to six months in jail and a fine up to $1,000.  For a second offense, a defendant can be sentenced to jail for up to one year. 

Administrative Penalty

Upon arrest for DUI, your driver's license is taken from you, and the Department of Motor Vehicles (DMV) is notified of the arrest.  The DMV conducts an administrative review and may uphold or deny the suspension or revocation of your license.  If requested within ten days of the arrest, you are entitled to a hearing before the DMV if the suspension or revocation is upheld. 

For a first offense, your license is suspended for four months.  Subsequent offenses result in a one-year license suspension.  If you refused to submit to a blood-alcohol test, your license will be suspended for one year for a first offense, two years for a second offense, or three years for a subsequent offense.

The license suspension or revocation hearing is an administrative process and is conducted wholly separate from the criminal charge of driving under the influence.

Other Consequences

DUI is a crime.  Being arrested for DUI results in the creation of an arrest record, and being convicted means that you now have a criminal conviction record.  This information may have to be disclosed on certain employment applications and can result in you being disqualified from certain employment, such as with law enforcement or the military.  In addition, insurance rates (SR22) are considerably higher for drivers who have been convicted of DUI.  Finally, if you are not a U.S. citizen, a criminal conviction, even one for a first offense DUI, can jeopardize your immigration status and lead to a deportation hearing or denial of an application for naturalization.

A DUI charge, even a first offense, cannot be taken lightly.  As soon as possible after an arrest, contact an experienced criminal defense lawyer who can immediately begin the process of challenging the arrest or minimizing any negative consequences that may arise from a conviction.  Attorney Justin L. Ward has handled every phase of DUI proceedings, from preliminary hearings to trials, as well as administrative proceedings before the DMV.  If you have been charged with DUI, contact The Ward Firm at (916) 443-2474 to schedule a free initial consultation with a skilled and experienced lawyer.