Inland Empire DUI

You have just been caught and charged with a DUI, driving under the influence or DWI, driving while intoxicated. This is a serious matter and not something you should disregard. The outcome can affect your future in many ways since there a variety of penalties for drunk driving. As a DUI offender, You could end up facing significant penalties including heavy fines, community service and even jail time. Additionally, your license may be suspended and if anyone was injured in an accident you could face a criminal conviction. Your future plans could be gravely affected regarding employment opportunities, applying for a loan or higher education and more. An experienced DUI attorney can make all the difference helping you through the legal system to achieve the best possible results.

Once you have been arrested for DUI, the DMV in California will suspend your license. The DMV calls this DUI first offense an administrative per se hearing (APS). You then have ten days to request an administrative hearing with the DMV. If you are not granted a hearing or you cannot make the hearing date, the DMV will keep your license and move ahead with suspension of your driving privileges. This is an automatic stipulation.

You can be charged with 2 different crimes. The standard offense is “driving under the influence of alcohol” (DUI), or in some states, “operating while intoxicated” (OWI), or “driving while intoxicated” (DWI). In recent years, 49 states have also enacted a second, so-called “per se” offense: driving with an excessive blood-alcohol concentration, also known as BAC, (either .08% — as in California — or .10%). In those states, both offenses are charged. The defendant can even be convicted of both, but can be punished for only one.
If the case involves a refusal to submit to chemical testing, of course,
only the traditional offense will be charged.

In the California courts, in addition to a possible administrative hearing that goes over the circumstances involved in your CA DUI / DWI arrest, you must go to court where a judge will decide your fate. Often, it is strictly based on your blood alcohol level or refusal to give to a breath test.
If you’re found guilty, most courts will:

• Impose Fines and Some Add On an extra Driver Responsibility Tax
• Suspend or Revoke Your License
• Want Participation in a Drunk Driver Education Program
• Add Points to Your License (Your Insurance Will Most Likely Increase)
• Need Community Service Work
• Put You On Parole
• Install an Ignition Interlock Device On Your Vehicle

There are many different defenses in a criminal DUI case. An
experienced DUI lawyer in Los Angeles will give you the best chance of fighting
and winning the case.

Originally published here.

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MAryAnn Bozek

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THE PEOPLE, Plaintiff and Respondent, v. CHARLES P. SUBRAMANI, Defendant and Appellant
Court of Appeal of California, First Appellate District, Division Four
October 31, 1985

The defendant drove his vehicle striking broadside a vehicle injuring the driver and the passenger. Driver suffered minor injuries but passenger sustained substantial injuries. Defendant was charged as follows on V counts, felony driving under the influence and causing injury to the driver (Veh. Code, § 23153, subd. (a)); felony driving under the influence and causing injury to the passenger (§ 23153, subd. (a)); felony driving with a blood alcohol level of 0.10 percent or more and causing injury to the driver (Veh. Code, § 23153, subd. (b)); felony driving with a blood alcohol level of 0.10 percent or more and causing injury to the passenger (§ 23153, subd. (b)) and misdemeanor driving with a suspended license. Prior to trial, defendant pleaded guilty to count V. Defendant was convicted of both felony and misdemeanor driving under the influence and driving with a blood alcohol level of 0.10 percent or more based upon one collision in which two persons were injured. The defendant challenged the judgment.

Issues:

Whether the misdemeanor drunk driving counts must be vacated?
Whether the defendant is being properly charged with more than one count from a single act of drunk driving which caused injury to more than one person?

Discussion:

This court held that the defendant could be charged only with one count of felony drunk driving (i.e., with violations of subds. (a) and (b) of § 23153); the injuries of either or both of the victims could be used as proof of the charge. Here, however, the prosecutor charged separate felony counts for each victim; that was improper. Because the felony convictions involving injury to victim Blackwell (counts II and IV) were properly charged and are supported by substantial evidence, they can stand. The misdemeanor counts (counts I and III) involving Brown are mere surplusage and therefore must be stricken.

This court held that while such dual conviction is proper, dual punishment is prohibited by Penal Code section 654. (People v. Duarte, supra, 161 Cal.App.3d at pp. 446-447.) The trial court correctly applied that principle by ordering that the execution of the sentence on one of the felonies (count IV) was to be stayed in accordance with Penal Code section 654.

Conclusion:

This court hence reversed the judgment against defendant only as to the misdemeanor convictions and affirmed the judgment in all other respects. Defendant was properly charged and convicted of felonies for both driving under the influence and driving with a blood alcohol level of 0.10 percent or more.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

 

Originally published here.

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Atchuthan Sriskandarajah

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