If you have been charged with drunk driving (DUI) or a traffic offense — a situation that often results in the suspension of your driver’s license — you need to seek the advice of an attorney immediately. Drunk driving/DUI offenses in particular require experienced attorneys such as those at Cavalluzzi & Cavalluzzi in West Hollywood and Beverly Hills. We understand DUI laws and may be able to have your charges reduced or dropped and/or your driver’s license restored in a timely manner.
Note: The following information is not to be construed as legal advice but rather as a general overview/summary of DUI/drunk driving and traffic offense law. For information that is specific to your individual case, contact the attorneys of Cavalluzzi & Cavalluzzi for a free case review.
DUI stands for “driving under the influence,” as when a person operates a motor vehicle under the influence of alcohol or drugs. Note that being under the influence, or impaired, is not enough to be charged with DUI/drunk driving. A person must be impaired to such an extent that the ability to drive safely is in question. DUI/ drunk driving is a very common offense; thousands of people are charged with DUI every month.
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The following numbers represent California Vehicle Code sections that are associated with DUI/drunk driving:
23152(a) - Driving under the influence of alcohol and/or drugs.
23152(b) - Driving with a blood alcohol level of .08 or above.
Your ability to operate a motor vehicle does not have to be impaired in order for you to be convicted of violating 23152(b), which means that it is against the law to drive at all if your blood alcohol level is at .08 or above.
23153(a) - Driving under the influence and causing injury.
A person would be charged with violating 23153(a) if he or she were involved in an injury-causing auto accident while operating a motor vehicle under the influence of alcohol and/or drugs. 23153(a) can be charged as a misdemeanor or a felony.
Maximum Penalties:
23152(a) or (b)
1st Offense – 180 days in County Jail + Fine
2nd Offense within 10 years – 1 year in County Jail + Fine
3rd Offense within 10 years – 1 year in County Jail + Fine
4th Offense within 10 years – Felony, up to 3 years in State Prison
23153(a)
Misdemeanor – 1 year in City Jail
Felony – 3 years in State Prison
Note: Even if you are charged with both 23152(a) and (b), the maximum penalty is the same. In addition, second, third, and fourth DUI/drunk driving offenses all have minimum jail times ranging from 96 hours up to 180 days. You should consult with attorneys to determine your eligibility for alternative sentencing that would eliminate jail time for DUI/drunk driving.
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If you are convicted of DUI/drunk driving, you will probably receive probation for three to five years. In order to complete your DUI/drunk driving probation, you will have to avoid other incidents — particularly those that are alcohol-related — and comply with any other terms and conditions of your individual probation. These will likely include fines, a driver safety course, and/or community service. If you do not comply with the terms and conditions of your probation, you may have to go to jail for the maximum duration allowed by law.
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A person who is convicted of DUI/drunk driving for the first time must complete a 3-month alcohol and driving class. This class is referred to as AB541 and may cost between $450 and $650. If convicted of a second DUI/drunk driving offense, an 18-month program (SB38) will have to be completed. It is more expensive than the 3-month class, usually costing over $1000. In addition to the aforementioned courses, the Court may sentence you to additional classes or other requirements. If you are facing DUI charges, we encourage you to solicit the advice of professionals like our DUI/drunk driving attorneys in West Hollywood and Beverly Hills . Cavalluzzi & Cavalluzzi can fully explain all of these classes and procedures to you.
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After your first DUI/drunk driving offense, your judge would most likely restrict your driver’s license for 90 to 120 days, though you would still be allowed to drive to work or school, to alcohol classes or programs, and in case of emergencies. The DMV (Department of Motor Vehicles) has the power to, and most likely would, suspend your license separately. The DMV suspension for your DUI/drunk driving offense may in some cases last several months longer than the court suspension. If your license is suspended by the DMV, you will have to request a hearing to address the issue separately from any court proceedings. Be aware that the Court’s restrictions on your license may be consecutive to the restrictions imposed by the DMV for a DUI/drunk driving offense, meaning that you would have to complete both suspensions separately before you could get your license back.
If you commit a second DUI/drunk driving offense, your license will be restricted for a minimum of one year. Keep in mind that, depending on your particular case, a second-time DUI/drunk driving conviction occurring within a 10-year period can result in your license being revoked and/or the installation of an alcohol detection device on your vehicle.
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A: Most times, no, but there are exceptions. For instance, if your blood alcohol level was very high, the prosecutor would likely ask for jail time for the DUI/drunk driving offense. In any case, if you were to violate your probation, you would face jail time. DUI/drunk driving attorneys, such as those at the Beverly Hills/West Hollywood firm of Cavalluzzi & Cavalluzzi, are equipped to discuss the particulars of your case with you.
For a second-time DUI/drunk driving conviction, there is mandatory jail time: a minimum of 96 hours. If you are still on probation from your first DUI/drunk driving offense, the amount of jail time may be longer.
A: This is a difficult question to answer. Blood alcohol level depends on many factors and is not simply related to the number of drinks you have consumed. Your gender, your weight, the size of each drink, how much alcohol each drink contained, the amount of time since your last drink, and how much food you’ve consumed are all factors in determining your blood alcohol level. As a very basic guideline, if you consume two to three drinks within a three-hour window (average-sized drinks, meaning 12 ounces of beer, 6 ounces of wine, or an 8 ounce mixed drink that includes one shot), your blood alcohol level will most likely be under .08 limit.
These estimates should not be used as a strict DUI/drunk driving measurements. You may still be “driving under the influence,” even if your blood alcohol level is less than the .08 limit. Depending on the individual, one drink may be enough to impair driving skills.
A: Usually, yes. But you will need to speak to your insurance company for details as to how much a DUI/drunk driving conviction would affect your premium.
A: If you drive while your license is suspended for DUI/drunk driving and you are caught, you will then be charged with violating Vehicle Code Section 14601.2, and you will face jail time for a minimum of 10 days upon conviction. In addition, an alcohol detection device may be installed in your vehicle. If you were on probation for your previous DUI/drunk driving offense, you will have violated your probation, and you could be sentenced to jail for 180 days.
A: Some people are under the impression that the only reason to retain attorneys is to get your DUI/drunk driving case dismissed. This belief, though, is misguided. DUI/drunk driving laws are complex, and you will want to make sure that you understand them and their consequences. Additionally, court proceedings can be stressful and time consuming; thus, it can ease your mind to have an attorney helping you through the process.
Only you can decide whether or not you want legal representation for your DUI/drunk driving case. There are definitely benefits to hiring an attorney, though: 1) You may not have to appear in court for your DUI/drunk driving offense, since your attorney may appear for you. 2) Your attorney can remain available to you after your DUI/drunk driving case is finished so that, if you have questions or concerns, you can get answers. 3) Most importantly, a good attorney will know far more about a DUI/drunk driving case than you will. He or she will be able to interpret and explain all of your options and may in some cases have your charges reduced or even dismissed. Contact our DUI/drunk driving attorneys in West Hollywood/Beverly Hills at Cavalluzzi & Cavalluzzi for a free case review.
A: Yes. After being detained for DUI/drunk driving, you must take the breath or blood test in order to determine your blood alcohol level.
A: If you refuse to take the blood alcohol test for DUI/drunk driving, you will face a greater penalty in court and your license may be fully revoked (not just suspended) for one year. If you find yourself in this situation, contact an attorney in order to discuss your options.
A: Most DUI/drunk driving offenses are misdemeanors. However, if you are convicted of DUI/drunk driving four times within 10 years, the fourth charge may be classified as a felony. Alternatively, if you are driving under the influence and cause an injury-accident, the DUI/drunk driving offense may also be charged as a felony.
A: First, make sure you do exactly what the officer tells you to do. A lack of cooperation or a combative attitude can hurt your DUI/drunk driving case. If you have any medical condition or limitation, let the officer know about it before you take a blood alcohol test. Do not discuss any particulars, such as how much or what you drank, when you last ate, what you ate, where you’re going or where you just came from, or anything else that may relate to your DUI/drunk driving case. If an officer asks you any of these questions, tell him or her that you would like to speak to an attorney before answering the questions. Do not offer information or admit anything.
A: The punishment for DUI/drunk driving for those under 21 is more severe than for those over 21. A DUI/drunk driving conviction will result in your license being revoked for 1 year.
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In the event that you are charged with a traffic offense, you need to determine if it is being classified as an infraction, a misdemeanor, or a felony. You need to know the sentencing guidelines and the possible consequences of a conviction, and whether these will result in your driver’s license being suspended. Contact our DUI/traffic offense attorneys in Beverly Hills/West Hollywood to have the details of your case explained to you and your questions answered.
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The definitions below have been modified and shortened in order to make them clearer for those who do not practice law. For more complete definitions, consult a criminal defense attorney.
12500: No license.
Driving without a valid driver’s license. You may also be charged with this offense if you are stopped by a police officer and you do not have your license with you. Though many people believe that this is a very simple violation, it can result in severe penalties; it may be filed as a misdemeanor and you may be sentenced to 90 days of jail time. You may also receive probation.
14601: Suspended License.
Driving when your privilege to drive has been suspended. The Court and/or the DMV can suspend a driver’s license for many different reasons. The specific reason for the suspension will determine the severity of the penalty. If, when you check the number on your citation/complaint, you find a “2” or “5” after the number 14601, then your violation is more serious. Discuss your suspension with experienced attorneys; they will explain the charges to you and may be able to get them dismissed or reduced.
Driving with a suspended license can bring severe penalties, including jail sentences and heavy fines. A conviction for a suspended license carries 2 points on your driver’s license. This conviction is also “priorable,” which means that a subsequent conviction will then carry greater penalties. Though suspended license charges carry stiff penalties, they can be difficult for a prosecutor to prove. Rather than immediately pleading guilty, consult with our traffic offense/ drunk driving attorneys in West Hollywood for the best possible outcome.
20002(a): Hit & Run.
Leaving the scene of an accident without exchanging information with the other drivers, or without leaving information if no one else is at the accident scene. A hit & run can carry a sentence of up to six months in jail, depending on your driving history, whether or not you have a criminal record, and other factors. Experienced attorneys, such as the traffic offense/ DUI attorneys of Cavalluzzi & Cavalluzzi in Beverly Hills/ West Hollywood, will help you obtain the best outcome and may be able to get your charges reduced or dismissed.
20001(a): Hit & Run With Injury.
A hit & run accident that causes an injury to someone involved. This offense may be charged as a felony or as a misdemeanor. If the injury is minor, the offense will most likely be classified as a misdemeanor and the maximum penalty will be one year in jail. If the accident is serious and results in permanent injury or death, the offense may be filed as either a misdemeanor or felony. If it is a felony, the defendant may face up to three years in prison.
2800.1(a): Evading a Peace Officer.
Fleeing or attempting to elude a pursuant police vehicle while driving a motor vehicle. If convicted, the defendant may face up to 6 months in jail. However, the prosecution must be able to prove that this offense occurred. If you are charged with evading a police officer, you should immediately consult an attorney. The traffic offense/ drunk driving attorneys of Cavalluzzi & Cavalluzzi in West Hollywood will protect your rights and fight to have your charges lessened or dismissed.
2800.2(a): Evading a Peace Officer/Reckless Driving.
This charge is similar to 2800.1(a), except that the defendant is charged with showing a willful disregard for others’ safety during the course of evading the officer. This offense can be charged as a misdemeanor or felony. If it is charged as a felony offense, you may be sentenced to up to three years in prison. 2800.2(a) can be a difficult charge to prove. Contact an attorney to ensure the best possible outcome.
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Probation is a span of time during which you must avoid trouble and fulfill the requirements mandated by the Court. If you do not, you could face the maximum penalty for the crime committed. The duration of probation is usually between one and five years. Sometimes it is possible to receive very little or no probation time, which is, of course, preferable. Good attorneys can help to ensure that you spend the least amount of time possible on probation.
You are responsible for adhering to the rules of your probation. There will most likely be terms such as fines, classes, or community service that you must fulfill. You will not be able to plead ignorance if you do not satisfy the terms of your probation. However, if you have been charged with violating probation, you are entitled to a hearing on the matter. It is best to attend this hearing with your attorney. Cavalluzzi & Cavalluzzi — providing traffic offense/ DUI attorneys in the Beverly Hills area — can attend your probation hearing and work to eliminate or minimize the penalty.
If, after a misdemeanor conviction, you are placed on probation, it will likely be a “summary probation” with its own terms. Summary probation means that you will be on probation, but without a probation officer, and without fines to pay. Note that you can still be sentenced to jail time (less than the maximum) and be placed on probation simultaneously.
If you receive probation after a felony conviction, you will most likely be on formal probation, with a probation officer who will supervise you, and probation fines (sometimes higher than $1,500). Note that you can be on probation and still be sentenced to up to 1 year in jail. Experienced attorneys may be able to get your felony charge changed to a misdemeanor charge, which would greatly lessen the burdens of time, money, and penalties that you face. Contact our probation/ drunk driving attorneys in West Hollywood for expert advice on your case.
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Paying restitution may be stated as a term of your probation. If you were to cause, for example, a hit & run accident, you would be responsible for any and all resulting damages, including medical expenses. Depending on the severity of the auto accident, restitution could amount to thousands of dollars. If you do not pay restitution, you will have violated your probation and you may face jail time. An attorney can help reduce the amount of restitution or eliminate it completely. He or she can also help arrange a payment plan in order to accommodate your personal finances. Contact the traffic offense/ DUI attorneys of Cavalluzzi & Cavalluzzi in Beverly Hills/ West Hollywood for help in your hit & run or other case.
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A: If it is the first time, you most likely will not go to jail. But keep in mind that driving while your license is suspended is a serious charge that may result in jail time, just as any other misdemeanor or felony may.
A: These cases receive a lot of negative media attention, and your prosecutor may decide to pursue jail time. But whether or not you serve time in jail will depend upon your individual case and whether or not you have a criminal record. If you have retained the services of an experienced attorney, he or she should be able to reduce or eliminate jail time if the charge is a misdemeanor. If it is a felony, it is of course more serious, but good attorneys can still help you.
A: Most often, you must go to the DMV in order to have your license reinstated. Your attorney may request a hearing with the DMV as part of the process.
A: Your license can be suspended when, within a certain amount of time, you receive too many points for traffic violations. Four points within 12 months, or six points within 18 months, will result in suspension. For the most part, each infraction equals one point against your license. More serious violations — for example, a DUI/drunk driving offense — may result in two or more points.
A: A license can be suspended or taken away for many reasons. The more unusual reasons include failing to pay child support and vandalism.
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DUI/drunk driving and other traffic offenses can be very serious. It is within your best interests to contact an attorney, both to ensure a good outcome and to alleviate the stress that comes with a court case. Contact our DUI/drunk driving attorneys in West Hollywood/Beverly Hills; the lawyers at Cavalluzzi & Cavalluzzi are very experienced with these cases and have an excellent track record. You can trust them to help eliminate or reduce the severity of the charges you face.
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If you have been charged with DUI/drunk driving, contact attorneys Cavalluzzi & Cavalluzzi in West Hollywood/Beverly Hills.
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Law Offices of
Cavalluzzi & Cavalluzzi
9200 Sunset Blvd. #807
Los Angeles, California 90069
Phone: (866) 623-0004
Fax: (310) 246-2606