Driving Under the Influence (DUI)

Attorney Laura M. Boyd represents people charged with driving under the influence (DUI) in Fresno, Kings, Madera and Tulare Counties. 

 

Driving under the influence (DUI) is a common offense.  However, it can be extremely complicated.  A large part of the complication comes from the fact that when someone is arrested for DUI, it actually initiates two separate proceedings.  One in the Department of Motor Vehicles (DMV) and one in the court.

 

What happens at the DMV?

When you are arrested for DUI, the DMV initiates administrative action against your driving privilege.  You MUST request a hearing with the DMV within 10 days from the date of your arrest, otherwise they will automatically suspend your driver's license.  The DMV administrative action takes place whether or not you are actually convicted of the charges in court.

 

When you call the Law Office of Laura M. Boyd for your FREE consultation, we will schedule your DMV hearing for you.  We can delay, and potentially prevent, the suspension or revocation of your driving privilege.

 

What happens in court?

In most cases, criminal charges for driving under the influence are charged as two counts:  California Vehicle Code section 23152(a)- driving under the influence of alcohol and/or drugs, and California Vehicle Code section 23152(b) - driving with a blood alcohol level of .08% or above.

 

First time DUI

A first time DUI conviction in California can result in up to six months in county jail, a four to six month license suspension, and possible installation of an ignition interlock device in your vehicle.  Fines and fees can be near $2,000.  Most counties will allow you to serve your time on the Adult Offender Work Program or doing community service.

 

Some DUIs can be reduced to a wet reckless, resulting in lower fines and punishment.

 

Second time DUI

A second DUI conviction in California within 10 years can result in up to one year in jail and a two year license suspension.  Attorney Laura M. Boyd may be able to help you shorten your suspension.  After your license is restored, the DMV may require you to have an ignition interlock device installed.

 

Third time DUI

A third conviction of DUI in California within 10 years can result in up to one year in jail, a three year license suspension and required installation of an ignition interlock device.  A third DUI conviction carries a mandatory minimum of 120 days in jail. 

 

Felony DUI

Sometimes a DUI is charged as a felony, rather than a misdemeanor.  There can be several reasons for this, but the most common reasons are if the DUI caused injury or death, or if the person charged with DUI has three or more prior convictions for driving under the influence within a 10 year period.