DUI

For more than 25 years, criminal defense attorney Dan Koukol has been successfully defending drunk driving and related cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas.

If you are charged with driving under the influence (DUI) or a related charge, you need a lawyer who:

1. Understands the intricacies of the charges you are facing.
2. Is knowledgeable about defense in two venues—both the county court and the Department of Motor Vehicles.
3. Is familiar with DUI defenses and alternatives to a conviction.
4. Is often able to obtain outcomes involving a reduction of charges, including avoiding jail.
5. Understands how to structure outcomes so you can avoid a criminal record or alternatively clean up your record in the future.

I have represented hundreds of clients arrested for drunk driving and related charges, and my experience as a criminal defense lawyer handling cases in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis allows me to get to the best outcome possible in your case.

If you are facing DUI charges, call me at (530) 823-5400 to set up a free consultation.

The California Vehicle Code states it’s unlawful for any person under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug, to drive a vehicle. Drivers are considered impaired if their blood alcohol level is 0.08% or greater or if they are unable to operate a vehicle with the same care and caution as someone who has not ingested any impairing substance.

Often, DUI arrests come with additional charges such as speeding, driving with a child under the age of 14, DUI under the age of 21, or driving with a suspended license. Any of these additional offenses can increase the penalties driving under the influence. BAC above 0.15% or 0.20% can also increase penalties.

Individual charges and penalties are discussed below, including driving under the influence (DUI), driving under the influence of drugs (DUID), driving under the influence with injury (DUI with Injury), boating under the influence (BUI), cycling under the influence (CUI), and wet reckless.

DUI and DUID

These penalties apply to DUI offenses with no aggravating circumstances.

They also apply to DUID offenses. DUID cases are different from DUI cases in that they involve more than just alcohol. The law does not specify the amount of a drug that must be present in the blood to be considered under the influence, so conviction of a DUID requires law enforcement to present evidence of your ability to safely operate a vehicle was impaired by the presence of one or more drugs.

Note that both prescription and non-prescription medications such as anti-depressants, antibiotics, pain relievers, and any other drug can result in being cited for DUID.

Note that a fourth offense DUI or DUID is a “wobbler” under California state law, meaning that it can be charged as either a misdemeanor or a felony.

DUI with Injury

The following penalties apply to DUI with Injury with no aggravating offenses. If you are driving under the influence of alcohol or drugs, and you injure another person as a result of your DUI, you will likely be charged with DUI with Injury. There are also enhancements for incidents that involve multiple victims and / or serious injury.

Boating Under the Influence (BUI) Penalties

The Harbors and Navigation Code makes it illegal to operate a recreational vessel with a blood alcohol content (BAC) of 0.08% or higher, or a commercial vessel with a BAC of 0.04% or higher. It also makes it a crime to water ski or aquaplane after consuming any amount of alcohol or drugs.

The penalties for BUI and BUI with Injury are similar to DUI and DUI with Injury. Although the DMV is not permitted to suspend your driver license for a BUI, a BUI conviction does stay on your DMV record for 10 years and can be counted as a prior DUI conviction if another DUI is committed within those 10 years.

Cycling Under the Influence (CUI) Penalties

The California Vehicle Code makes it illegal to ride a bicycle on a highway while under the influence of any alcoholic beverage or drug or combination of both. The penalties for CUI include a maximum $250 fine and inclusion of the CUI on your DMV driving record. However, there are no restrictions on driving and no points accrued for auto insurance.

Wet Reckless

A Wet Reckless is a nickname for the charge of reckless driving involving alcohol. If the prosecutor feels the DUI case against you has a weakness—for instance, if your breath or blood test result is close to .08 or if your sobriety tests were not bad—they might offer a plea bargain involving substituting the DUI charge with a Wet Reckless (VC 23103.5).

Disadvantages

• The Wet Reckless will be treated as a DUI conviction if you receive another DUI within 10 years.
• A Wet Reckless conviction can still result in higher automobile insurance rates.
• Through its Admin Per Se hearing, the DMV can still suspend your driver license.

Advantages

• No court suspension of your driver license.
• Possible shorter probation.
• Jail sentences are usually shorter, or waived altogether, because a wet reckless does not have a minimum required jail term.
• People with professional licenses (such as doctors, pharmacists, and lawyers) may be able to avoid disciplinary penalties that their licensing organizations impose for DUI convictions.
• Fines are less than a DUI.

I handle each of my clients’ cases personally, so I am able to craft a legal defense that serves your needs and long-term interests. Although the specific legal defenses that apply to your case will vary, several defenses are common to DUI charges.

Most DUI cases are settled before they reach trial. My goal is always to get the DA to drop the charges. In instances when that isn’t possible, a reduction of charges to a Wet Reckless is sometimes possible, depending on the blood alcohol level and other factors.

If you decide you cannot successfully defend against the charges brought against you, and you need to enter an admission to settle your case, you will want to:

• Carefully negotiate the offense you admit to.
• Negotiate to avoid jail.
• Make arrangements, in advance, to clean up your record as soon as possible.

If you are facing a DUI or a related charge, I can help. Call me at (530) 823-5400 to set up a free consultation.