Driving Under the Influence in Coachella Valley 
 

Thank you for visiting the Coachella Valley Criminal Defense Law Offices of “insert attorney name”. 

If you have been arrested for driving under the influence of alcohol, call our office because our attorneys have the experience and knowledge of California’s DUI laws.  Please take a moment and visit our “Why hire us” page to see why you should trust us and why our law firm stands out from the other DUI Defense attorneys in and around Coachella Valley. 

DUI Overview

  • A DUI or Driving under the influence is the act of driving a motor vehicle after consuming alcohol to the extent of impairing mental and/or motor skills.
  • According to the California Department of Motor Vehicles, DUI arrests have been up 45% since the .08% law has been passed.
  • About 200,000 individuals are arrested in California each year for drunk driving.
  • A DUI violation can be charged as a misdemeanor or felony conviction.
  • If you are found to be driving with a blood alcohol content of .08% or more, you will be arrested.
  • If you are under the age of 21 and have a BAC of .01% or more, you will face DMV administrative penalties.
  • Commercial drivers who have a BAC of .04% or higher will be arrested.
  • Any violation of the California Vehicle Code can lead to an arrest including long-term penalties.
 

What you should know

You will be facing two separate cases for your DUI violation: 

  • Criminal Case
  • Prosecuted by the District Attorney’s office
  • First you must appear in court to enter a plea.
  • Bail will be set
  • A Pre-Trial is held with you, your attorney and the District Attorney.
  •  
    • Your case is discussed.
    • You can enter a plea bargain at this time.
    • If you cannot come to a settlement, a court date will be set.
  • A trial will be held.
  •  
    • If you are found guilty, the court will hand down its sentence.

 

Closest Courthouse

  • Riverside County Superior Court of Coachella Valley

    46200 Oasis Street

    Indio, CA 92201

    Hours:  Monday-Friday 7:30a.m. – 4:00p.m.

    Telephone: 760-863-8206  

  • DMV Case
  • At the police station you will be given a temporary driver’s license.
  • It states that you have 10 days to request a mandatory DMV hearing.
  • This is a serious matter and you can lose the privilege to drive.

  • DMV Administrative Per Se Hearing:
  •  
    • San Bernardino Driver Safety Office
  •  

      1845 Business Center Drive, Suite 212

  •  

      San Bernardino, CA 92408-3447

  •  

      Telephone:  909-383-7413 

Drinking and driving under the age of 21

  • California law does not allow you to drive.
  • If you are stopped and have 0.05% by weight, of alcohol in your blood, you will be arrested.
  • You can face criminal charges for this violation.
  • Your driver’s license will be suspended.
  • California law does not allow you to drive if your blood-alcohol concentration is 0.01% or more.
  • This violation is subject to civil penalties by the DMV.
  • Your license can be suspended for one-year.
  • If your blood-alcohol concentration is greater than 0.08%, you can face both criminal and civil charges.

What happens if stopped by a police officer?

  • If you are driving erratically (weaving, changing lanes), a police officer will stop you.
  • The officer will determine if you have been drinking.
  • You will have to show your driver’s license and registration.
 
  • Field sobriety tests – you can take them or refuse – examples are:
  • A breathalyzer
  • Horizontal Gaze Nystagmus test – tracks your eye movement
  • Tip your head back and touch your nose
  • Walk a straight line heel-to-toe
  • Recite the alphabet
  • Stand on one leg for 30 seconds

 

 

  • Once you are at the police station, you will be asked to submit to a blood or urine test:
  •  
    • This test will determine if your blood alcohol content is 0.08% or more.

The Defenses

  • The officer must have probable cause to stop or detain you.
  • Did the officer follow the appropriate steps when you were given the field sobriety tests?
  • Were you actually driving the automobile at the time of arrest?
  • Was the machine used to test your Blood Alcohol Concentration calibrated correctly?
  • Was your blood alcohol concentration high while you were driving or while your were being tested?
  • If you refused to be tested, did the officer inform you of the consequences?
  • Did the officer give you your Miranda Rights?
 

DUI Penalties

  • DUI violations carry very severe penalties and have long-lasting effects.
  • If you are involved in a car accident, causing injuries to others, you are facing harsh penalties.
  • A felony DUI carries a minimum of 16 months to 3 years in California State prison.
 
  • First Conviction
  • Can face up to 6 months in jail
  • About $1,400 in fines
  • Suspension of your driver’s license for 4 months
  • 3-5 years probation
  • Mandatory alcohol classes lasting 3-6 months

  • Second Conviction (within 10 years of the 1st)
  • 96 hours to 1 year in jail
  • About $1,400 or more in fines
  • 90 days of Community Service
  • Suspension of your driver’s license for 1-2 years
  • 1-5 years probation
  • Mandatory alcohol classes lasting 18 months
  • Attend AA meetings
  • Ignition interlock device

Sentence Enhancement

  • DUI arrests carry very severe penalties.
  • The more convictions, the more severe the penalties will be.
  • Determining your penalties are:

  • Prior convictions
  • Your age
  • Going over the speed limit by 20-30mph
  • Passengers and age
  • Your BAC
  • Refusal of sobriety tests
  • Was an accident involved?
  • If so, was anyone injured or killed?
 

Remember

  • Don’t drink and drive – call a taxi, a friend, stay put
  • Drive safely and carefully
  • Be polite to the police officer if you are stopped
  • If you do take a field sobriety test, if can be held against you
  • A breath test gives the officer your alcohol content immediately
  • A blood test takes a few weeks to get results