1. The charge of driving under the influence is actually two charges:
23152(a)V.C. "driving under the influence of drugs or alcohol (or
both)" and, 23152(b) V.C. "driving with a blood alcohol level of .08
or higher." The punishment is the same whether you plead to either
2. If you are convicted of either charge, it counts as two points
against your negligent operator count at the DMV. See the DMV page
for more about their procedure.
3. Conviction on either count is "priorable" for the next seven years.
That means that if you pick up another DUI within that time, it will
count as a second offense requiring mandatory jail time and a license
suspension for one year.
4. Since what happens at the Court and what happens at the DMV are
separate procedures, it is possible to be found guilty in the criminal
case, but still win the DMV hearing.
5. On the other hand, if you were actually acquitted in Court of
the "b" count, and had previously lost your DMV hearing, you would
then have the right to force the DMV to return your license and set
aside their suspension.
6. Notwithstanding No. 5 (above), if you are accused of having refussed
to take the chemical test, even if you win at trial, the DMV may still
suspend your license for one year for a first offense if they determine
you refused to take a chemical test at the APS hearing.
7. If you are convicted of a DUI, you will be required, during the
three years that you are on probation, to maintain proof of insurance
on file with the DMV. If it should lapse during that time, the DMV
will suspend your license.
8. If you are caught driving while your license is suspended for
a DUI conviction, the mandatory minimum jail term is 10 days, plus
9. DUI's are tough charges with difficult consequences if you are
convicted. But they are beatable, both in Court and at the DMV.
10. You should seek an experienced DUI defense professional to represent