After you have been convicted of driving under the influence (“DUI”) once, the consequences become increasingly more severe with each additional case you pick up within 10 years. That is, a DUI conviction stays on your record as “priorable,” for 10 years, after which time it can no longer be used by the prosecution as an excuse to enhance the penalties. The same is true for purposes of license suspension and the DMV – once ten years has passed from your initial arrest, the conviction cannot be used as the basis to suspend your license on second-conviction terms.

Los Angeles DUI Attorney

Standard Terms for Multiple DUI Offenses:

Note: the above reflects general terms for California DUI convictions. Many other factors may come into play, which increase or mitigate the punishment for a given offense. Contact DUI defense attorney Grace Ayers for a consultation today to discuss the specifics of your DUI case.

Fines & Fees

Court fines and fees can be anywhere from around $2000 to more than $10,000 for a felony DUI. The court may also impose other terms, including the Mothers Against Drunk Driving “MADD” Victim Impact Program, or the Hospitals and Morgue program, both of which are essentially designed to scare you straight.

Jail Alternatives

Many courts will allow you to do some form of an alternative to jail in lieu of being in actual custody. These alternatives include work release, home monitoring (house arrest), community labor, SCRAM anklet (an alcohol-sensing anklet, similar to that of house arrest), and in appropriate cases, inpatient alcohol or drug treatment. Whether these options are available to you depends on several factors, most importantly you location, and your criminal background.

Los Angeles County

Unfortunately, you are at a disadvantage in this regard because 9 times out of 10, custody means custody, and there is simply no way around it. You may be able to do community labor instead of a portion of the suggested jail term if your defense attorney is able to negotiate that on your behalf. That being said, there is one big advantage to doing jail time in Los Angeles and that is severe jail over-crowding and the State’s solution of “Realignment.” As a results, people typically end up doing only about 10% of the “time” they are ordered to serve.

San Bernardino County & Riverside County

The courts can approve or deny your ability to participate in one of the jail alternative programs in San Bernardino and Riverside Counties, which include the following options:

• Full-Time Work Release – this requires 5 days a week at an assigned job site, for 8-10 hours per day. In order to qualify for full-time work release, you must meet certain eligibility requirements, including a relatively clean record (no violent, sex-related, or DUI causing injury convictions).
• Part-Time Work Release (“Weekenders”) – this allows you to work 8-10 hour days in lieu of jail time, and requires that you have reliable transportation and be physically fit enough to perform manual labor.
• Full-Time Supervised Electronic Confinement – all people living in your house must consent to this order, but when allowed, full-time electronic monitoring means you must stay at home and wear a transmitter on your ankle. You will be eligible for time outside of your home on two days a week from 9 AM to 1 PM. Additional time may be given for work or school if you provide required documentation.
• Part-Time Supervised Electronic Confinement – Here, you must wear a transmitter on your ankle 24 hours a day, and spend a minimum of 12 hours per day inside of your house. Depending on your employment status, you will be given 8 to 12 hours of “free time” everyday to work and take care of personal business.
• For more, See: California Penal Code section 1203.016

One way to reduce the impact of a DUI arrest is to get the charge reduced to what’s known as a “wet reckless.” A typical DUI charge will include two counts under Vehicle Code sections 23152(a) and 23152(b). Subsection (a) makes it unlawful to drive under the influence of drugs or alcohol or both; section (b) makes it unlawful to drive with a blood-alcohol content above .08. Under Vehicle Code sections 23103 and 23103.5, someone convicted of a “wet reckless” will have less severe consequences than a first time DUI offense.

Los Angeles Wet Reckless Lawyer

The major differences between a DUI and a Wet Reckless are as follows:

*A first time DUI conviction will carry with it at least a 3-month program, and may include a 6-month or 9-month program if the person had a particularly high blood alcohol content, if he/she refused to submit to a blood alcohol test, if there was an accident, or other aggravating circumstances.

**There is no automatic license suspension when the charge is reduced to a “wet reckless.” The DMV, however, may take its own administrative action to suspend your license regardless. A wet reckless is also priorable for purposes of a second DUI arrest. For more, see DMV Consequences.

In order to get a DUI charge reduced to a “wet reckless,” you will need a skilled DUI attorney on your side. I have gotten charges reduced for many of my clients, including one second-time offender, who had a blood alcohol content of .19. There, the prosecution’s case had a fatal weakness: no one saw my client driving. He was parked outside of a Hollywood club, waiting to be picked up by a friend. The cops started messing with him, and my client told them “I’m too drunk to drive, I’m just trying to be respectful.” Nonetheless, the cops arrested him on charges of DRIVING under the influence.

To make matters worse, my client had a prior conviction that was some 9 and a half years old. (DUI’s are “priorable” for 10 years. For more, see Multiple DUI Convictions.) The old case had also been reduced to a “wet reckless,” which 999 times out of 1000 means that no way, no how is that second case getting the same kind of leniency. But I maintained my position: if the prosecution punished my client for pulling over and waiting for a ride, what that says to other people is that if you get in the car and determine you are too drunk to drive home, you might as well go ahead and drive – since waiting in your car will have the same results – a DUI. I made a motion to dismiss and was ready to take the case to trial. At the last minute, the prosecution caved and reduced the charges to a “wet reckless,” resulting in zero jail time for my client, reduced fines, and all the other benefits of the reduction.

There is no single group of people who are arrested for the crime of driving under the influence of drugs or alcohol or both, commonly known as “DUI.” Los Angeles DUI defense lawyer Grace Ayers has represented hundreds of people facing DUI charges throughout Southern California, including those of all different backgrounds. Whether you are a single mother from the suburbs or a downtown executive, beware: you are not immune from the possibility of DUI charges. If you or a loved one has been arrested for DUI, contact a skilled DUI defense attorney as soon as possible.

Los Angeles DUI Lawyer

Blood Alcohol Content & Testing

Preliminary Alcohol Screening (“PAS”)

As soon as you are suspected of being “under the influence” of alcohol, the police officer will first ask you to provide a breath sample. They will usually have you provide more than one sample, and will use a positive alcohol reading as the basis for further DUI investigation.

Breath and Blood Testing

Once you have been transferred to the police station, jail, or hospital (if you have suffered an injury), the police should read you what is known as your “Trombetta” rights. Under Vehicle Code section 23612, a person has the right to choose whether he or she would like to provide a breath sample or a blood sample for alcohol testing.

• Breath: Vehicle Code section 23614 also says you must be advised that the breathalyzer machine does not retain a breath sample for retesting later on. A breath test administered at the police station must be done by a qualified technician and must be in compliance with the requirements of Title XVII.
• Blood: When you are read your Trombetta rights, you can elect to take a blood test. You will usually be transported to the closest hospital and your blood will be drawn by a licensed medical professional. By doing so, you provide a sample that can be RE-tested by an independent lab if the case goes to trial. Blood testing must also comply with Title XVII requirements.

Field Sobriety Tests

Nystagmus

One test police officers will almost always do is the nystagmus test. This is when they ask you to follow their pen from side to side, without moving your head. While you are doing this, they are watching the movement of your eyeballs. If you are under the influence of alcohol, your eyes will begin to quiver at about 45 degrees, and will show “lack of smooth pursuit.” It is virtually impossible to “beat” the nystagmus test. BUT, if you are able to successfully complete the test, you will usually be released from the DUI investigation. Furthermore, there are many other known causes of nystagmus, including congenital disorders, central nervous disorders, pharmaceutical drugs, and vertigo.

Other Tests

Common tests done by DUI police include asking you to “walk and turn” a certain number of steps in one direction, turn around, and walk back; the recitation or writing of your ABC’s; and having you estimate the passage of 30 seconds, by counting out loud or in your head. Your performance on FST’s will be included in the police report and is a crucial element of the prosecution’s case against you.