Williams & Javellana, LLP
DUI laws vary from state to state and the legal ramifications also vary from one case to another. While there are some standard DUI laws applicable in every case, it is the variables that change the legal ramifications. Let us understand how DUI laws work in California.
In California, DUI law for under-21s is different from DUI law for 21 & over. It is similar in most other states. Drivers aged 21 and over are categorized as commercial or noncommercial drivers. Non-commercial drivers, when you are basically driving your own car or any car for personal purposes, are considered to be legally drunk when the level of alcohol in blood is 0.8 or higher. For commercial drivers, the limit is 0.4 or higher. Drivers under the age of 21 are considered drunk if the blood alcohol level is 0.1 or higher.
First time offenders can be sentenced to anywhere from 96 hours up to 6 months in jail. The fine can be anywhere from $400 to upwards of $1,000. The driver’s license is suspended immediately and it remains revoked for 6 months.
Second time offenders are looking at suspension of license for two years. The jail term and fine are in the same range if the person had been convicted under DUI laws in the last ten years.
Third time convicted under DUI laws will invite up to a year in jail and suspension of license for three years. The fines are steeper.
Fourth time convicted will serve a minimum sentence of six months up to a year at a state prison or possibly in a county jail and will have the license suspended for four years.
Depending on the blood alcohol limit, the damage caused to property if any, injury caused to others if at all and other factors will determine the punishment in each case, including the fine.
The three strikes law may be exercised for someone who has already been convicted under DUI laws twice in the past. The three strikes law will warrant the harshest of sentences given the nature of the crime and that the convicted is a repeat offender, for the third time. Typically, one gets the maximum sentence.
Refusing to take the field test, sobriety test, blood or urine test and even unwilling to use the breathalyzer will also invite a fine, the license can be removed immediately and there could be a jail term as well. Refusing to take the test typically ends up working against the defendant, unless they have been convicted before, once or more and are trying to avoid the three strikes law or being tagged as a repeat offender.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015