What Happens to First Offenders Under the California DUI Laws
Remember after January 1, 2003 ALL persons convicted of a DUI in California (23152) will be required to attend and complete a level one program (whether the court sent you to one or not!).
One question I get more than any other is "What will happen to me in the court on my first offense for DUI in California?"
If you talk to a DUI attorney that knows the ins and outs of the California DUI laws, there are all sorts of variables to consider. Usually you will not give a clear answer. After ten years of working with first offenders I can tell you within a general framework of what MOST DUI (VC23152) first offenders receive in the 10 county Bay Area.
First Offender Penalties
In Court
- $1200 fine.
- 3 years probation (informal - no probation officer).
- 3-5 days sheriff work alternative program (picking up trash, cleaning buses, etc.) OR
- 90 license restriction (to start AFTER 4 months DMV suspension is over).
- First Offender School (3/4 months long).
This is in addition to the four months immediate DMV suspension that starts 30 days after your driving under the influence stop.
These two ACTIONS (court and DMV) are SEPARATE and do not influence one another. Many times someone gets their license back by going to the DMV hearing and then is convicted in the court. Or, the DA drops the charges and the DMV still suspends your license!
With the conviction in the court you are allowed to get a restricted license AFTER a 30 day hard suspension (after the 30 day temporary license period is over = two months after your DUI stop). This allows you to drive to and from work and in the course of your employment and to and from the DUI class. The only 'draw back' to the license restriction is that it is restricted for 5 months (they say 6 but the DMV counts the first month of suspension). OR you can ride out the 4 months suspension period and get you license back. BUT, once the court notifies the DMV that you have been convicted of driving under the influence or a wetreckless and as part of your probation you have been sent to a First Offender Program. The requirement to show proof of completion of the program will be added to the list of items needed (Proof of Insurance SR-22 and pay $125 to get your license returned.
Remember after January 1, 2003 ALL persons convicted of a DUI in California (23152) will be required to attend and complete a level one program (whether the court sent you to one or not!)
This is GENERALLY the way it works for those convicted of a misdemeanor first offense DUI.
If it is your first offense you will need a California DUI Lawyer.
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Filed in California DUI | DUI Laws | Permalink | Comments (181)
Section 13203
In no event shall a court suspend the privilege of any person to operate a motor vehicle or as a condition of probation prohibit the operation of a motor vehicle for a period of time longer than that specified in this code. Any such prohibited order of a court, whether imposed as a condition of probation or otherwise, shall be null and void, and the department shall restore or reissue a license to any person entitled thereto irrespective of any such invalid order of a court.
NOW is the DMV required to follow such guidelines? if anyone knows I would appreciate an answer! all i could find was a DMV stipulation saying:
"After the department has issued an order suspending or delaying driving privileges as a result of a violation of subdivision (a) of Section 23136, the department...may review the order and may impose restrictions...to drive based upon a showing of a critical need to drive, if the department determines that, within seven years of the current violation...the person has not violated Section 23136 or been convicted of a separate violation..." there may be hope, if any lawyers out therte have an answer, please let me know. I have had no license for seven years and have had a clean record that whole time. I cant take the 18 month class because of finances and schedule, as well as the fact that i haven't taken it in 7 years, why now.
pls reply asap
Ozzie
If the cop didn't write you another dui ticket for the .03, then your license may still be ok. If he wrote it as another dui, then I think you're screwed.
Don't be hurt by the reply from Rocky-Airforce...the "Red neck jerk"! Sounds like he needs to look in the mirror before he judges...and go to Church!
Are you sure you want to go into the Airforce? If this guy is indicative of the caliber maybe you should consider one of the "real" military forces like the Navy, Army and Marines. My Father went to the Naval Acemdemy in the 50's and back then the Airforce was nothing! I think they were a spin off of the Marines...of maybe the National Guard...or could have been Eagle Scouts...ha-ha!
But they do have a nice military Academy in Colorado Springs (far from the battle) if you like snow skiing... Mt. Breckenridge
How about you Mr. Rocky? Let me guess, you fill the planes with gas?
As much as I don't condone drinking and driving, I realize we all do it at times. Alcohol is so much a part of our culture for someone to say they never drink and drive is a flat out liar. Ofcourse, we all need to learn what our tolerances are and drink responsibly...especially if we're going to drive.
Our culture: I bet every time a guy goes to a football game at his buddies house he drinks at least 3 beers (most likely Rocky more)or when a woman goes out to dinner with her girlfriends she has 2-3 glasses of wine.
It's normal drink consumption and yet blowing over .010 is a crime? Do they have scientific proof that number is reasonalble and proves physically someone is "drunk". If the number is not arbitrary I'd like to see the medical data.
Erol - Hang in there, think positive, and remember things happen for a reason. Somewhere down the road you'll see this as a valuable lesson learned.
Peace!
You are as big of a fool as the members of the KKK! You should try using the right word, you scumbag!
Wow, are u in the airforce? Have u ever made a mistake? You're either old, or a scumbag yourself. I'd be surprised if the airforce accepted idiots like you! So maybe you should apply for girlscouts.
To answer the real question, the AF can get you a waiver for anything. If you're recruiter says he can't do it, wait a year. They'll change their mind and freak out that they dont have enough people in and start rapid firing waivers and passing out sign-on bonuses.
"the airforce does not accept drunk driving scumbacks like you.You can go to girls scout or try the local bar."
You are a real piece of shit. Who are you to judge this guy? I've served as a Special Operation's Operator in the U.S. Army and know my share of people who have drove drunk. Not smart at all but I think your the real scum in this picture. I wish I could see you say this to his face, I bet he would lay you out like a little bitch.
Have you ever heard of spell check or a dictionary. You must not know what eather one is. I am surprised that you can even use a computer. How many drinks did you have before you wrote this post (i know its been a year) are you even still alive or did you liver call it quits. Just do the world a favor and get a life or at the most stop trying to use forms of communaction that you dont understand. Go back to cave paitings that your use to doing. I bet you can't or could't even get into the military. I bet even the salvation army rejected you. You have to be ably to spell your own name correct. Witch it seems you can't. O yeah have a nice day :)
PS- If you are so bright, why aren't you smart enough to write Girl SCOUTS instead of Girl SCOUT, you fool. By the way, it is called the Air Force (2 words, not 1). You'd think that a person enlisted in the service would know that, idiot. I personally know several idiots in the Air Force with several DUIs to match! Up yours.
You would be advocate Yes indeed
You speak alot of truth where it Belongs for sure.
Good Job ~ Angelic
Lets Promote Tequila and Pot sounds GREAT might as well since
the government Enjoys it
They Must they Promote it Then they fine the innocense with tickets
and alot of etc.
I do NOT believe in Drinking in Driving when it is done Purposely in
the person realizes it....but about the first time offenders
I would go with 30 days of Classes without Suspension on their License.
2nd Offense 30 days of classes with 6 months of Probation without suspension
3rd offense 30 days of classes 1 year suspension Lost of License for
a year but Permission to drive just to work in back or hospital or Doctors.
4th Offense: If one have not learned anything by then they do NOT
Deserve anything but a 10 speed Bike
I have one thing to say You with out sin or mistakes cast the First Stone
Human Beings behave naturally to different variables. But to Judge another...wrongfully in anyway do not forget ( Judge not unless thee shall be Judged by the same Judgement.
If anyone gets Upset with this note I am not offended it just shows me you lack alot if you do get offended. Because it is so TRUE EVERYONE on this earth is without sin. Up Lift your Brother On first offenses because alot of first offenses or Offenders never purposely did it in the first place if they their self realized at that time what would be the outcome. Condem them not but the word Encourage or Knowledge would help So many ways. I think it would be good if One would have a desinated driver just to be on the safe Side
One Day you will want someone to not be so critical when alot of the first offenders never realized how it is on the other side of the law.
I feel Our system Stinks so Badly and OH by the way Keep In mind
as most do they stop advertising cigarettes right? Yes indeed
A person can smoke a whole carton and never be drunk or Lit so to speak.
But on the other hand they advertise Alcohol Correct?
Do YOU see something WRONG with this Picture "YES" indeed Plus OUR
Government has their Nice Variety Of Crops for government Use
On Growing POT too.
Education is so Vital in looking at the whole Picture of all the notes on here I can tell ALL of YOU out there It is not so much the Offenders fault as it with our Government in some Laws on the Book should be Banned
But Oh Know they won't do that why is that? hhhhhmmmm
Because behind close doors THEY ALL do the Same Thing as offenders does.
Where do you think this world is heading?
Who should ever email me in it going to be offensive I really do NOT at ALL care / It is not affected with me or will phase me or demeanor me
All I have said is the TRUTH in if that should hit a Person the wrong Way then you must be feeling guilty about something. And that is the
TRUTH ~
Best to each and Everyone on this webpage~Angelic
Thanks,
S
They took a blood test because I guess I didn't fill the cup up enough (urine) although I begged them to let me wait, because i hate needles and having blood drawn (bad experiences) Anyways, I've never so much as even had a traffic ticket and wouldn't drive if i was impaired.. It's possible i may have been drugged.. What's going to happen?
At the dmv they said i must complete a program in order to get my license. When I asked them 'what program", they said I would have to go to the court that sentenced me to find out.
Isn't there a 10 year rule or something?
It's been ten years later this year so I am hoping my license will no longer be suspended. Advice?
hiring DUI lawyers might just be an unnessesary expense, on your court day LISTEN TO THE OFFER MADE BY THE DISTRICT ATTORNEY, and just say NO! i dont agree, fight your case for the lesser sentence offered! my awful story is Mr. Devitt was hired to represent me, he promises to go as far as one year fighting for my case, he was paid in advance and basically he just took my money and split, i only met him at my first court day and never received a call back from him, for all my follow ups at court i have had to miss work to attend, Mr. Devitt never explain to me what all those DMV letters ment, (some say suspended license for 3 months, other 6 months, one 1 year) his answers were all the same "i'll get back to you" and it never happen.
Thanks for confirmation that I'm correct in believing I shouldn't have to hire an expensive attorney in order for Justice to prevail.
So my question is..anyone have a membership to one of those criminal record websites?or do you know of any website that I can lookup my mugshots for FREE?if so please let me know,Id like to find them...thanks!
in the mail and said that if I wanted my lincence to go to the Dmv with a hundred dollars take the written test and if I passed they would give me my lincence back I quit Drinking 16 years ago went to the DMV TO GET MY lincence they said THAT i DID,NT COMPLETE MY program (driving school)
I said there was no school in 1992 school is like 2000.00 dallors and the sr anyway I,m on socail security I,m 67 make $850.00 a month and if
I don,t get my lincence I,m going to be between a rok and a hard place
I DUNNO, Just tying to help, but so far I don't think much of public defenders. I'll let you know for sure after February 19th, after my own DUI trial. I wish I'd get a deal to go speak to a High School to knock down any and all payments I will have to make IF I am CONVICTED. Mine is not for alcohol, but Prescription drugs.
kely even if they find something they will probably drop those things in a plea bargain, especially if you do not have much of a record. I think by the sound of your story, you will end up with a "driving while under the influence" On a first drunk driving (I have not had one, but many friends have) you will get some community service, probation where you will have to do random drug and alcohol tests and maybe a class or two and some fines of course. That's about the average here in Michigan anyway. Good luck, and it was smart to get a lawyer, the courts would have given you an appointed attorney anyway.
Thanks,
Brittany
What is going to happen to me?
My suggestion - It is not worth the risk AT ALL to get behind the wheel of a car with any traceable amount of alcohol - night as well get used to it - that will be one of the terrms of your probation once convicted...
Hope this helps...
Looking for clarification.
This is because (according to the public defender who worked my case) because there was no science behind marijuana as a DUI and while they can "arrest" you for it, the DA (SUPPOSEDLY) cannot persecute it. This may or may not be connected to the various claims I have been reading that studies show THC will cause slower speeds, greater attentiveness etc.
I got possession. I might have been able to fight even that, but I did not have time to go to court.
It's not advice, but it is my experience.
chuygutierrez@ymail.com
Zero tolerance is the law.
23140 is a minor with BAC of .05 or more
23136 is a minor with BAC of .01 or more
If the police felt he was unable to safely drive they would hall him in to the "drunk Tank"
regardless of the charge: A DUI reduced a wet reckless is still considered a alcohol or major violation. Sometimes we have seen wet reckless to be a 3 year charge not a 10 year charge on the motor vehicle record.
SR22's available
http://www.simiinsurance.com 888-581-2128 CA DOI Lic#0589634
I kind of want to tell my mom it is just not worth it. But I sis tell her that I would look into it.
Thank you for any light you can shed on this issue.
-6 weeks of Education - Once a week in a class with a group of people, watch videos , go over information in a booklet. (2hrs long)
-24 Group sessions: Once a week with a group talking about everyones week and going over the booklet. (2 hrs)
-9 face to faces: 15 minute session once a month with a counselor.
-One 3hour session at a MADD Program (Mothers against drunk drivers)$25
Once you finish your classes you and get your license back 10 days after.
Question is...since my first DUI was pretty much just handeled as a DMV license suspension...do you think this might just show as my first?
email me
Thank you
to the officer I failed the field sobriety tests, and had slurred speech. I told her that I had one drink, and that I also take medications (which are prescribed and had taken a couple of hours earlier, (one being celexa the other klonopin). She said that I am under something, so she proceeded to arrest me. For some unknown reason she didn't tow my car away or revoke my license, she actually gave it back. I wasn't in a holding cell or anything, but she did have a tech at the station draw my blood. So if I am being charged with a DUI, why didn't she tow my car and suspended my license and give me a provisional one? In case your wondering why she pulled me over in the first place was due to the fact that I was speeding, and was rubbernecking and screecked on the pavement. She told me that they were just going to slap me on the wrist and not to worry and she also said "she shouldnt be telling me this"... what gives...do you think she was pulling my leg? Should I contact DMV? Should I call a lawyer? please Help. I live in the state of california, county of Santa Clara
if i received a DUI in 2006 and have paid no fines, nor gone to school, what must i do now in order to reinstate a license?
thanks!
Got a public defender,She wants to fight the hit un run because I got anciaty problems, I take medicine for anciaty every morning and before bed. do you think that I will need to do any more jail time or any idea what may be my punishment if not, I am also not a US citizen, if sombody got an answer please help. Got a 8 year old step son and we were planing to move back home to Florida in med Augost. Do you know if after my trial,The judge will let me transfer my dui program and probation+comunity services in Florida?
No one can say how your case will turn out, but it seems that the evidence is there for the DUI- but if you are ill with anxiety your case is worth fighting. With the .14 you might be able to get that bargained down to a wet reckless driving. In that case, you must do 12 hours of education classes for the court, but a 3 month first offender program for the DMV. Yes, if you are moving for family reasons and the welfare of a child is involved, the state of California will allow you to attend approved programs in Florida.
As for your legal counsel, you may want to get a DUI specialist lawyer.
If money is a problem, call Kapsack and Bair (they have an Oakland office- maybe SF too) or the Kavinoky law firm (San Fran, I think). They will work out a payment plan for you. It is worth it to visit their websites and give them a call. They will better be able to assist you than I can. There is hope for you. Call a DUI lawyer and get a free consultation on your case.
Thank you so much for your info, I think I score with a public defender that is doing a great job, on top of it, and even counceling me...
That is cool, Got to trust and hope for the best, since I have no money to retain an attorney.
I will contact those law firms any way, (you never know)
Thanks
Jaime
I just recieved my first DUI. My BAC was 0.08%, I complied with the arresting officers and took a breathalyzer, 2x on scene and then another 2x at the station. I am currently unemployed.
My question, given the above information, is do I require a lawyer? Is there any way that I will not be convicted of a DUI (I currently have a 'citation' and a temporary suspended license)? I don't have the money to pay for a lawyer unless I miraculously get a job soon (I have been looking for months).
Would a public defender be more of a help or a hindrance? I'm actually quite scared and don't know where else to turn.
Any help would be much appreciated!
Thank you,
Cat.
I was told that for next 13 years, even a .01 is a "sure shot" 2nd offense.
(I'm going through my my 1st 3month program after blowing a .09 at a checkpoint)
Thanks





