Autos News

A driver arrested for drunk driving will face criminal charges in court as well as a potential Suspended driving license by the DMV. Typically a district attorney’s office will file a complaint charging two counts for the same DUI: the “a count” alleges driving under the influence of alcohol or a drug, while the “b count” alleges driving with 0.08% blood alcohol content or higher. The first, second, and third offenses within ten years are charged as misdemeanors, though a fourth offense can be charged as a felony.

The DUI can also be charged as a felony if the case involves an accident with injury. In some cases a DUI can be reduced to a “wet reckless” or even an infraction.

The standard punishment for a first offense is 48 hours jail (usually served in a work program), three years probation (five years in the City of Alameda and Napa), fines and fees totaling over $1,700, and completion of a driver safety program. For subsequent convictions within ten years the court is required to increase the jail sentence and length of the program, and frequently will order longer periods of probation and installation of an ignition interlock device in any vehicle operated by the defendant.

A wet reckless normally involves no jail time, a probation period lasting one or two years, fines and fees several hundred dollars lower than for a DUI, and possibly a shorter, twelve hour class.

A driver arrested for drunk driving must request an Administrative Per Se hearing (“APS hearing”) with the DMV within ten days of the arrest or his or her license will be suspended in most cases. At the hearing the driver’s counsel can challenge the DMV’s proof that the law enforcement officer had reasonable cause to stop the driver; that the law enforcement officer had probable cause to arrest the driver for a drunk driving violation; and that the driver had 0.08% blood alcohol content or higher (or that the driver refused to perform a chemical test).

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