Law Office of Anthony Janji

Driving Under The Influence Of Alcohol Or Drugs

If you have been charged with driving under the influence of either alcohol or drugs, there are some things you should know about this type of offense and its potentially serious consequences.

Common Charges

California Vehicle Code Sections:

• 23152(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug, to drive a vehicle.
• 23152(b) It is unlawful for any person who has 0.08 percent or more, by weight of alcohol in his or her blood to drive a vehicle.
• 23153(a) Driving under the influence and causing injury, if you were involved in an injury automobile accident while driving under the influence of alcohol or drugs.  This offense can be charged as either a felony or a misdemeanor.

Maximum Penalties

VC 23152 (a) or (b)

• 1st Offense- 180 days County Jail + Fine
• 2nd Offense within 10 years- 1 year County Jail + Fine
• 3rd Offense within 10 years- 1 year County Jail + Fine
• 4th Offense within 10 years- Felony with up to 3 years State Prison

Maximum Penalties

VC 23153(a)

• Misdemeanor- 1 yr. County Jail
• Felony- 3 years State Prison

Suspension Of Your Driver License

On a first time offense, the Judge will restrict your license for 90-120 days, allowing you to drive to and from work or school, to and from the alcohol program and in case of emergency and other special circumstances.

Important

Even if you are charged with both (a) and (b) counts of VC 23152, your maximum penalty reamains the same.  For 2nd, 3rd, and 4th offenses for DUI, all have minimum jail requirements, ranging from 96 hours to 180 days.  You must consult an attorney to discuss your eligibility for alternative sentencing that can allow you to stay out of county jail.

If convicted of a DUI, you will most likely be placed on probation for a period of 3-5 years.