Feb 10

How to Keep Your License in 2019

By ali | Uncategorized

Wondering how to avoid license suspension in California after a 2019 DUI arrest? We've got answers.  Senate Bill; 1046 recently passed and has a tremendous impact on people' ability to people to continue driving (legally). This means that keeping your license after your first,, second, and third offense is now more reality than fantasy. 

How do I keep my license after a DUI?

Please note that there are a few criteria points you must meet to be eligible. 

  •  The DUI arrest must have been on our after 1/1/2019
  • You  must have NOT refused the chemical test from Police.

If you're wondering how to avoid license suspension in California on a recent DUI, you're in the right place. Senate Bill; 1046 recently passed and has a tremendous impact on people' ability to people to continue driving (legally). This means that keeping your license after your first,, second, and third offense is now more a reality than fantasy. 

Please note that there are a few criteria points you must meet to be eligible. 

  •  The DUI arrest must have been on our after 1/1/2019
  • You  must have NOT refused the chemical test from Police.

The short answer is that everyone can avoid license suspension if they install an ignition interlock device. 


Keep Your License without Ignition Interlock Device

If you transport others in your vehicle and discretion is a concern, you have two options:

1: Take the 30 day hard suspension and subsequent 11 month restricted license

2: Don't drive and give your license up for one full year. 

Jan 19

Is Your UBER Driver DUI?

By Admin | Uncategorized

The Consumer Protection and Enforcement Division reviewed complaints of intoxicated Uber drivers from August 2014 to August 2015, of which there were more than 2,000.  Uber gave the boot to 574 of their drivers.  When the government agency looked more closely, they found that Uber failed to investigate 133 of the complaints and they took it upon themselves to suspend all but 5 of that number. There were no details given on why they didn’t investigate but it occurs to me that the callers may not have been cooperative when Uber tried to reach them.

 

The result was a $750,000.00 fine by the California Public Utilities Commission, for failing to follow a “zero tolerance policy” in place to investigate and suspend drivers with complaints of DUI by customers.  The fine followed a settlement between the company, under which Uber operates in California, and the Commission.  In addition to the fine, Uber has agreed to begin an education program on the “zero tolerance” regulations.

 

The “zero tolerance policy” requires the company to post a clearly visible or an app function for complaints of driver DUI.  In addition, it requires the company to suspend the driver promptly upon receiving this type of complaint, pending an investigation.  The Commission found that Uber didn’t have a dedicated button or phone line for reporting the zero tolerance complaints. It also found that Uber’s system of dealing with the complaints let the drivers continue to drive for a short period of time before being suspended.

 

Although passengers have an obligation to themselves to avoid getting in a vehicle with a drunk driver, is it fair to put the burden on them when they are acting responsibly by not driving?  As for me, I suppose in the future I’ll make an effort to engage the driver in conversation and be more conscious of how they are driving.  I found other articles discussing Uber incidents and policies too:

 

https://www.buzzfeednews.com/article/priya/what-happens-when-your-uber-driver-gets-a-dui

 

https://www.side.cr/uber-background-checks-and-dui-dwi-offenses/

Jan 18

NEW 2019 DUI Law Lets You Keep Your License

By Admin | Uncategorized

SB1046, effective 1/1/2019, has made major changes to the DUI laws that previously caused a complete suspension of your driving privileges in many cases. This will Let You Keep Your License! It is important to note that the law is not retroactive. By that, I mean that it only applies to violations that occur on or after 1/1/2019. All DUIs that happened before the New Year are subject to the old laws. (See CA Vehicle Code 13352(m).)

The new law, that lets you keep your license, only applies to DUIs that involve alcohol but may apply if the case involves drugs AND alcohol.

On a 1st Offense DUI, if you elect to put the Ignition Interlock Device (IID) on your vehicle for 6 months, you can avoid any real suspension and will let you keep your license. The second option is to just have a restricted CDL (to/from work, course and scope of employment, and to and from the DUI school) for a period of 12 months. If you elect the second option, you will serve a 30 day hard suspension (no driving at all) unless you win the DMV APS hearing or avoid the APS process because your BAC was below .08.

SB1046 affects multiple offense DUI cases as well and there are less options.

A judge can order an IID, which may affect the options you would otherwise have.

This is a New 2019 DUI Law and will be confusing for attorneys and people arrested for a DUI, until we all get used to the rules. Just remember to make sure you understand your options with the help of your DUI attorney.

Dec 22

Ever heard of the University of California Firearm Violence Research Center (UCFC)?

By Admin | Uncategorized

It’s a state-funded study of gun violence. State Senator Hannah-Beth Jackson introduced a bill on 12/12/18 that, if successful, would ban Californians convicted of multiple DUI offenses or a vehicular manslaughter charge while intoxicated from owning or possessing firearms for a period of 10 years.

Research conducted by UCFC Director Dr. Garen J. Wintemute indicates that more than one third of the individuals convicted of alcohol related crimes were arrested for violent or firearm related crimes within 14 years of buying a handgun. Wintemute and his colleagues opine that this may be an indication that alcohol related crimes lead to future criminal activity among gun owners.

Dec 13

Wet Reckless in Sacramento

By Admin | Uncategorized

What is a Wet Reckless?

 

It is a way for the prosecution and defense to resolve DUIs with lower BACs or cases with potential proof problems.  It is a way to resolve a DUI without the expense or uncertainty of trial.  It is a negotiated disposition or plea bargain to a lesser charge.

 

It isn’t something that you can be charged with though, so don’t look for it and be disappointed if you don’t see CA VC§23103.5 on the criminal complaint or the paperwork you get from the jail when you are released.

 

 

Is there anything better than a Wet Reckless?

 

Except for the obvious best case scenario of a dismissal, in some instances it may be possible to negotiate a Dry Reckless under CA VC§23103.  The biggest benefit of a Dry Reckless is that it doesn’t count as a prior DUI.  It is still, however, a 2 point offense on your DMV record.

 

 

Does a Wet Reckless conviction cause a driver’s license suspension?

 

Unless you are under 21, the Wet Reckless conviction will not cause a separate DMV suspension.  Caveat: If you fail to request or you lose an Administrative Per Se (APS) hearing, DMV will suspend your license administratively.

 

 

How can I avoid an APS suspension of my driver’s license?

 

If you contact DMV Driver Safety within 10 days of the date of your arrest and win the APS hearing, there will be no APS suspension.   Another way of avoiding a license suspension from an APS hearing is by getting the DA and Court to go along with a Helmandollar Motion.  This is effectively an acquittal of driving with a BAC of .08 or more.  Whether this is possible depends on local practices.

 

If you win the APS hearing but plead to a regular DUI, the only benefit might be avoiding a period of hard suspension time. If you are arrested for a DUI on or after 1/1/2019, you may be able to avoid any hard suspension time because of SB-1046 anyway.

 

 

How do the penalties differ from a regular DUI?

 

The maximum sentence for a Wet Reckless is 90 days of time and $1000, plus penalty assessments.  The maximum sentence for a first offense DUI is 180 days of time and $1000, plus penalty assessments.  In some counties the length of probation may be shorter.  In reality, it would be rare that anyone would be punished with the maximum sentence possible.  The more normal disposition for a Wet Reckless would be probation, no time, fines and a 6 week DUI program.  A standard DUI would be probation, 2 days or more of time, fines and at least a 3 month DUI school.

 

Will a Wet Reckless require mandatory installation of an Ignition Interlock Device (IID) in the pilot counties of Sacramento, Alameda, Los Angeles or Tulare?

 

A Wet Reckless doesn’t cause the mandatory requirement of an IID.  The Pilot Program under AB91 will expire on 1/1/2019 anyway.

 

 

Are there any other benefits to a Wet Reckless compared to a DUI conviction?

 

The Wet Reckless conviction doesn’t cause a mandatory suspension of a Commercial License and may make a difference if you hold a Professional License.

 

 

County of Sacramento plea form for Wet Reckless.

Wet Reckless Plea Form Sacramento

 

Dec 12

County of Sacramento Jail Alternatives

By Admin | Uncategorized

There are presently three ways to avoid doing actual jail time in Sacramento County.  They are the Home Detention/Work Furlough, Work Project and Community Service Programs. All three programs are run by the Sacramento County Sheriff’s Department, and are located at 700 North 5th Street. I picked up a number of forms and related paperwork today but because these things change from time to time, I’ve decided not to include them here.

 

Perhaps the least complicated to explain, is the Work Project Program. If the court refers you, simply take your pink jail commitment paperwork to them with $80.00 and get signed up. Typically, you’re required to do so within 5 business days of the date you resolve your case.  The cost of the program is $40 per day.  If you only have a few days of work project and you can afford to do so, pay it all at once.  It may be possible to get a reduction of the cost or make payments but you’d have to try to work that out with the finance people at the facility.  Even if you’re short on money, I suggest you go talk to them within the time allowed. This is one of those cases where it’s better to ask permission than for forgiveness!  If you wait until you have money, you may end up with a warrant requiring you to do actual jail time instead.  You’ll be asked to fill out some paperwork when you first arrive, pay the cashier $80, then take a seat until someone comes to get you for an interview.  The interview process is just to be sure you’re a good fit for the program and to be sure you understand the rules.  I suspect that most people qualify, unless they have a disability or horrible criminal history.

 

There are only four sites available on weekends, so if you’re not working during the week you should expect to do your work project time Monday through Friday.  The four weekend sites are Roseville Road and Meadowview Road, where you will meet and be transported by bus to another location.  The Light Rail Station in Folsom is the third location.  If the area is already clean, they’ll give you a free ride on Light Rail to another station to clean that area.  A return trip is also included!  The fourth site is the cemetery at Broadway and Riverside Blvd.  This site is for men only.  On days other than weekends, there are a number of locations and people doing work project from Elk Grove all the way to Citrus Heights.  If you are a low risk offender with a longer sentence and a skill like carpentry, they may have you work on the toy project in Rancho Cordova.

 

They may offer you another program if you’re not in school or working that is Monday-Thursday and lasts for two weeks. It’s basically a life skills program, in a classroom setting, that gives you some tools to help with getting employed.

 

The second program is Work Furlough/Home Detention. It’s located to the left of the Work Project Office.  Follow the cement path up from the street until you see a sign that says, Home Detention.  Look to your left and you’ll see a blue door that says, Home Detention Sheriffs Work Release Program on it.  The hours on the door say 8:00am to 4:00pm but they only accept applications until 2:00pm, so don’t cut it too close. I’m told that mornings are generally busy and the best time to show up is between about 11:00am and 2:00pm.

 

I suggest that you make a brief stop at the Probation Office on your way to the Home Detention Office and pick up a “No Presentence Probation Report Letter.”  It’s just one less thing you’ll have to do later.  Probation is at 711 “E” Street, fairly close to the courthouse. You’ll just need the jail commitment paperwork from court and some form of ID. If your case was a DUI, you may not have a Driver’s License. In this instance, you may want to apply for a California ID card, as you’ll need ID for the Home Detention Program at some point as well. When you show up, realize there may be other people already there and there are generally just one or two people to help people signing up. You definitely shouldn’t count on this being as quick as the drive through at McDonald’s. You’ll get a brief explanation of the program and a small handful of papers that you’ll be asked to fill out and return with a money order or cashier’s check for $130.  It is possible to pay with cash, a credit or debit card next door at the Work Project Facility but it may be more trouble than it’s worth.

 

When you return all your completed paperwork, you’ll be given a date to return for an interview. On the day of the interview, you’ll be asked to watch a 10-15 minute video that will give you a general explanation of the program. Then you’ll talk with someone about the specifics of your case, your past record of arrests, the costs of the program, etc. It may seem odd that they want to know about cases that didn’t result in a conviction but they are just trying to ensure that they don’t have difficulties with you later.

 

If you are lucky enough to just have one or two days to serve, you may be able to avoid the full blown interview. If you’re determined to be suitable, they have a voice recognition program that is much simpler and doesn’t involve a bunch of equipment. It will also avoid the need to return equipment after your time is served.

 

Most people are fitted with the Radio Frequency equipment. It consists of a base unit that you take home and attach to your telephone with cords that they provide. It also includes an ankle bracelet that is attached to you.  You get all the instructions on the day you start the program. You won’t be able to work on the day the program is started because you’ll need to hook up the equipment and be home for the Sheriffs to check and make sure it’s operating properly. While the equipment may work outside the house, they suggest strongly you stay inside to avoid potential problems.

 

If you have a traveling type of job or you’re a high risk applicant (heavy duty crime, DUI injury or long sentence), you’ll likely be fitted with a GPS unit. This unit has to be plugged in and charged for two hours every day.

 

There’s a third device that includes an alcohol sensor that you have to blow into at random times.  It also photographs the person blowing into the device.

 

They may also be using an alcohol sensing bracelet called SCRAM. SCRAM is an ankle bracelet that tests for alcohol regularly and some units have GPS.

 

There are charges for the program but it is better that you get that information directly from the people running the program.

 

Sometime after the interview you’ll get an acceptance or denial letter in the mail with instructions on what to do next.

 

Once a week you’ll get 4 hours of time to go grocery shopping, go to doctor appointments, church, etc.  You will also be able to go to any court ordered programs like the DUI School. If something comes up that feels important you can turn in a Kite when you show up for your weekly urine test.

 

They do a general screen for drugs and you would be advised to disclose any prescription medications you are taking. You’ll be asked to fill out a pink paper with all your medications. You must also bring the pill bottles with your name and information with you, so there’s no misunderstanding later. A Prop 215 marijuana card isn’t a prescription for purposes of this program.

 

When the Sheriffs visit your home or work place they do so in unmarked vehicles and in civilian clothes, so they don’t attract unwanted attention.  If they have to visit your workplace, they’ll try to make an appointment with your employer first.

 

Anyone over 18 years of age living in your home will also need to sign the Occupant’s Agreement/Permission to Search form at the Home Detention Office.

 

No alcohol or weapons are allowed in the home while you are on the program.

 

While you may not be automatically excluded from the program, arson, sex crimes or crimes of violence cause the Sheriff some concern and they will look closely at your application before agreeing to accept you.

 

The last program is the Alternative Sentence Program. It’s basically community service that is monitored by the Sheriff’s Office.  There are sites throughout Sacramento County and I’m told it’s easy to find a place to work 6 hour shifts, which count as one day. It is possible to do 7 days a week if necessary. If you’re in a bigger hurry than that there is even one location that can accommodate 2 shifts in one day but it’ll keep you busy from 6:00am until about 10:00pm.

 

There is a cost but you’ll have to work it out with the people running the program. There are about 900 people in the program now, so it must be working.

Dec 11

Ultimate Sacramento DUI School Guide: Part 2 – Terra Nova DDP

By Admin | Uncategorized

Terra Nova DDP has three locations in the Sacramento area.  I made a point of visiting each of the locations and spent some time speaking with the director since I had many of the same questions you probably have.  I’ll cover many of the questions and the answers I was given below.

John Doe

Sacramento DUI Attorney 


IMPORTANT REMINDER:
Call & Double Check the Days/Hours Classes are Offered

In some instances, what I was told and what is on Terra Nova's website differs. 

Terra Nova DDP DUI Class Locations

Near Natomas Area

4700 Northgate Blvd., Ste 122(Corner of Northgate Blvd. & Del Paso Rd.)

Sacramento, CA  95834

(916) 564-0600

Mondays         8:30 - 4:30  Lunch 12:00 - 12:30

Tuesdays         11:30 - 6:00  Lunch 2:30 - 3:30

Wednesday    11:30 - 6:00  Lunch 2:30 - 3:30

Thursdays        11:30 - 6:00  Lunch 2:30 - 3:30

Fridays             8:30 - 6:00 Lunch 2:30 - 3:30

Saturday          8:30 - 4:30  Lunch 11:15 - 11:45              

Sundays: Closed

Near Carmichael & Fair Oaks Area

5777 Madison Avenue, Ste 590(Corner of Madison Ave. & Manzanita Ave.)

Sacramento, CA  95841

(916) 239-6379

(916) 999-0108

Tuesdays        8:30 – 4:00 

Wednesdays  8:30 – 4:00

Fridays          11:30 – 4:00  

Saturdays       8:30 – 5:00  Groups only 

Near Downtown Sacramento

2012 H Street, Ste 101 & 102 (Corner of 20th & H Street)

Sacramento, CA  95811

(916) 444-5680

Monday-Tuesday

Thursday:         11:30 AM to 2:30 PM                        3:30 PM to 6:30  PM

Wednesday:      9:00 AM to 2:30 PM

                        3:30 PM to 8:30 PM

Friday:               8:30 AM to 2:30 PM

                        3:30 PM to 5:30 PM

Closed Saturdays and Sundays

Frequently Asked Questions

Which of your facilities have Saturday hours?

The Northgate Boulevard and Madison Avenue facilities offer classes on Saturdays.

What are the different programs offered?

There is a Wet Reckless class that is 6 weeks for a total of 12 hours.  There are three levels of First Offender Programs. They are 3 months for a total of 30 hours, 6 months for a total of 45 hours and 9 months for a total of 60 hours. Then there is the Multiple Offender Program that lasts 18 months.

Why are there different lengths of First Offender Programs?

All courts order a 3 month or 9 month class.  The 9 month class is ordered for BACs of .20 or higher, refusal of chemical test cases and Wet 2nds. The 3 month class is ordered for BACs below .20.  In some courts like Sacramento, the 6 month class is ordered on cases with BACs of .15-.19.

Do each of the Terra Nova locations offer all the classes?

The Northgate Blvd. and H Street locations offer all classes.  The Madison Ave. location only offers the Wet and First Offender Programs.

What are the costs of the different classes?

The Wet Class is $300.00, the First Offender 3 month is $675.00, the 6 month is $860.00, the 9 month is $1140.00 and the Multiple Offender 18 month class is $1700.00.

Do you offer payment plans?

Yes

How many different ways can you tell somebody that it’s dangerous to drink and drive?

Our topics for Education are alcoholism and addiction, medical aspects, family consequences, legal aspects, alternatives and choices, chemical dependency, alcohol and nutrition, attitude and behaviors, DUI consequences and distracted driving.

How many hours or weeks is Education?

It’s for 6 weeks. It can be done anywhere in the program as long as it’s done.

How do you deliver the Education?  Is that something that they can sit on the computer and do on their own?

No computer.  It’s usually a couple of films to watch, then a counselor or facilitator takes over.

How many people are allowed in the various classes?

We can have 15 people in the process group and 35 in an education group.

What happens if a person misses class?

The number of allowed absences depends on the length of the program.  The Wet Program allows 2 absences, the 3 month class allows 5 absences, the 6 and 9 month classes allow 7 absences and the 18 month class allows 10 absences.

If a person is going to be on an extended work trip or vacation or too ill to attend, how do you handle that?

A leave of absence from the program is allowed with proof of the trip or illness.

If someone shows up under the influence do you send them back to court?

If they’re already enrolled we have to.  If they haven’t enrolled yet, we don’t but we don’t let them drive away either.  We tell them to have someone pick them up.


Dec 03

First Offense non-injury DUI in Sacramento County

By Admin | Uncategorized

The following information is simply meant to give you some insight into how a case might move through the system in Sacramento County.  Hopefully this will give you the tools you need to make the right decisions based on the facts and circumstances of your own case.  If you are only interested in the possible penalties for a first offense non-injury DUI in Sacramento County, scroll to the end of this article.

 

DUI cases begin with law enforcement making contact with an individual suspected of DUI.  Law enforcement may pull you over or make contact with you after you are already stopped, parked or out of the vehicle.  Sometimes people are in parking lots, on the side or middle of the road or have been in an accident.  Driving is a required element in California DUI cases.  If law enforcement pulls you over, they have direct evidence of driving.  When law enforcement doesn’t see you drive they are using circumstantial evidence to show that you did drive while under the influence.

 

You will have been arrested and taken to jail, released to a responsible adult or left at the hospital.  If you were taken to jail and not required to post a bail bond, you will have been given a written promise to appear for court at a specific date and time in Department 2 of the Sacramento Superior Court, located at 720 Ninth Street Sacramento, CA  95814.  In Sacramento, arrested individuals are normally given a court date about three (3) weeks after their arrest.

 

On your written promise to appear, you will notice that law enforcement has placed the proposed charges about three (3) inches from the bottom of the page.  This is what the arresting officer thinks you should be charged with.  The Sacramento County District Attorney is responsible for almost every DUI case that comes through Sacramento County and the actual filing decision is in their hands.  In most instances, the charges will be as you see on the paperwork you received at the jail.

 

Changes in the law have added new code sections related to DUI.  California Vehicle Code §23152(f) is the new charge for Driving Under the Influence of Drugs.  Prior to January 1, 2014, California Vehicle Code §23152(a) covered Driving Under the Influence of Drugs or Alcohol.  California Vehicle Code §23152(g) is the new charge for Driving under the combined Influence of Drugs and Alcohol.

 

If you were left at a hospital, law enforcement will send the reports to the District Attorney’s Office with a Warrant Request.  Then it is up to the District Attorney to decide whether charges should be filed and, if so, to notify you.  If you get a Warrant Notice in the mail, you will need to be booked (fingerprinted and photographed) and given a court date and time to appear.  The Sacramento County Sheriff’s Office, Warrant Bureau is located at 711 “G” Street, on the 7th Street side of the building.  If you’re nervous about them taking you into custody, have a reputable bail bond company or attorney contact the warrant bureau make sure you will be cited and released.  The paperwork you will be given looks similar to what a person is given that is booked into the county jail, however, it should include the actual charges and your docket number.

 

Some court days are busier than others and I suggest you get to court early, as parking may be limited around the courthouse.  The new and improved meters take quarters or credit cards and there are two separate parking structures.  The County lot is located between “G” & “H” Streets and 7th & 8th Streets.  There is also a private lot in the alley, between “G” & “H” Streets, across from the courthouse fountain.  After some initial announcements by the bailiff outside the courtroom, you will be allowed to enter Department 2.  If your case hasn’t yet been filed the Bailiff will have you sign a paper and you will be given a new court date.  If the District Attorney has rejected the filing of charges, you will be told that they still have up to one (1) year to do so.  As a practical matter it’s very unlikely that this will happen, as an attorney in the District Attorney’s Intake Department has already reviewed the reports and made the decision to reject the case.  It helps to be one of the first people in the courtroom so you can find an aisle seat as far forward as possible.  If you have hired an attorney you may not be required to appear in court, although some attorneys may want you there.

 

Sacramento is one of the four counties participating in the Ignition Interlock Pilot Program under Assembly Bill 91.  If you are convicted of a first offense DUI in Sacramento County you will be ordered by DMV to put the IID on any vehicles you own or operate for a period of 5 months.  You will receive a letter from DMV shortly after you resolve your case instructing you to install the IID.  If you do not own a vehicle and/or only drive an employer’s vehicle you may qualify for an exemption.  Read the letter carefully, follow the instructions and respond quickly as there are time limits to do so.  As of 1/1/2019, SB 1046 will be replacing the Pilot County Program.   There is some uncertainty about the details but it may be possible to avoid any license suspension at all by complying with certain requirements quickly.

 

 

POSSIBLE PENALTIES

 

 

The basic penalties in Sacramento County for a first (1st) offense non-injury DUI, based on a Blood or Breath test between .08 and .14, are as follows:

 

 

 

PROBATION

 

Three (3) years informal probation-this means: 1. Obey all laws

  1. Don’t drink and drive
  2. Don’t refuse a chemical test (blood/breath)
  3. Don’t drive without a valid license/insurance
  4. Search/Seizure of Blood if lawfully arrested for DUI

 

JAIL TIME

 

48 hours jail-The court will normally have no objection to any of the sheriff’s alternatives to jail.  In fact, it’s unusual for this county to order any actual in custody jail time on a 1st offense DUI. The alternatives include work project and work furlough/home detention.  If you intend to ask for community service hours, you should bring evidence of a disability or evidence that you live in a county without a reciprocal agreement with the Sacramento County Sheriff’s Office for the normal alternatives to jail or that you live outside of California.

 

There are numerous reasons why the prosecution might ask for more jail time.

 

If an individual has prior DUI(s) or Wet Reckless offense(s) outside the 10 year statutory period, they are often asking for an additional five (5) days of time for each offense.

 

They will ask for two (2) extra days for every point above .15 BAC.  For instance, if the BAC is .25, you should expect the offer to include 20 additional days.

 

A Refusal of the evidentiary chemical test, under California Vehicle Code §23577 and §23538(b)(2) cause difficulty with the criminal case in terms of the length of DUI school ordered and with the term of the DMV license suspension.  In addition to this, the District Attorney’s policy is to ask for 30 days of time for the refusal alone.  This is on top of the regular sentence.

 

An Excessive Speed enhancement, under California Vehicle Code §23582 for driving 30mph over the posted speed limit on the highway or 20mph over the posted speed limit on surface streets, where the driving is reckless as defined in California Vehicle Code §23103, will add 60 days of time to the regular sentence.

 

A minor passenger under the age of 14 gives rise to an enhancement under California Vehicle Code §23572.  The District Attorney is asking for two (2) days of time (in custody) for each minor passenger, in addition to the regular sentence.

 

PC4019 credits-Sacramento County only makes people do half the time ordered by the court.  Additionally, you no longer have to pay for the half of the days that you don’t actually do.

 

Residential treatment – the court will likely allow day for day credit, in lieu of time, but you don’t get half time like you do with jail, work project or home detention.

 

Outpatient treatment – may reduce number of days but don’t expect day for day credit.

 

 

 

FINES

 

The fines are the only consequence of a DUI that have actually been reduced in many years.  They total about $2400.00 and you can pay them in full downstairs in Room 102 after court or you can agree to pay the fines over time through the Department of Revenue Recovery (DRR).    If for any reason you don’t receive a bill within about a month give them a call at (916) 875-7500.  If you decide to make payments, DRR adds about $65.00 to the bill to set up an account.  As of January 1, 2017, the Sacramento Courts are allowing people to convert about $2000.00 of the total fines to 4 additional days of time in jail or in one of the sheriff’s alternatives.

 

RESTITUTION

 

If restitution is ordered to a victim (this can be an individual or government agency) that will appear on your bill as well.  DRR adds 10% of the restitution bill to the account as a handling charge.  The most obvious reason restitution is ordered is if you cause an accident and someone is injured or there is property damage.  Your own insurance will often cover this type of restitution and you shouldn’t have to pay the victim twice.  Another reason restitution is being ordered more and more frequently is because the government will want to recover the costs of time spent for what is known as Emergency Response Costs.  (See Government Code(s) § 53150-53159.)  Often times, restitution is ordered in an amount to be determined.  If you receive a letter from DRR instructing you to call them if you disagree with the restitution amount claimed by a victim, you must follow the directions in the letter and contact them by the date listed.  If you fail to do so, you are effectively agreeing to pay that amount of restitution.  It is also advisable to contact your attorney, if you were represented, because the attorney is not notified.  The case will then be set for a formal restitution hearing where the DA will present evidence or the victim will appear in court to justify the claim.

 

DUI SCHOOL

 

A three (3), six (6) or nine (9) month DUI school will be ordered.  The different lengths of classes are based on the BAC.  A BAC up to .14 will require a three (3) month class, a BAC of .15-.19 will require a six (6) month class and a Refusal or BAC of .20 or higher will require a nine (9) month class. The costs of the programs in Sacramento are $675.00, $860.00 and $1140.00, respectively.  The courses are 30, 45 or 60 hours total.  There is not a way to truly accelerate the programs and finish earlier, although some schools may be more flexible or creative in how they get you through their program and still comply with State requirements.  There are a limited number of allowable absences.  If you live out of State you may want to ask the court to order but stay the DUI school, as you don’t want to be in violation of the terms and conditions of your probation. There are DUI Schools throughout the State.

 

 

1650 WAIVER

 

Additionally, if you live outside of California, there is a once in a lifetime ability to get the California DMV to lift the hold on your privilege to drive without completing a DUI school or installing an Ignition Interlock Device.  This may not work if you Refused the chemical test or your BAC was .20 or higher.  First you will need to wait until all the mandatory suspension time is over.  Then you will need to apply for a 1650 Waiver with the Mandatory Actions Unit at DMV by calling (916) 657-6525. They will mail the necessary forms to you at your Out of State address.  You will need to provide DMV with evidence that you live outside of California, file an SR22 with the California DMV for three (3) years and agree that if you move to California within three (3) years you will take and complete the appropriate DUI school.

 

 

 

 

If you call the Law Office of Denis White for a free consultation, we will be asking you for information contained on the white agreement to appear as well as the pink temporary license if one was given to you.  The sooner you call, the more time you’ll have to make an informed decision on how you want to proceed.

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