DUI Blogger

With Halloween approaching, many parents will take their children to costume parties. Many parents will consume alcohol while their kids partake in their party games. After trick-or-treating, these families will drive back home to end their night. But beware…if you drink, have your spouse / significant other drive home. Being stopped for a DUI with children in the car can lead to a California child endangerment sentencing enhancement or worse…California child endangerment charges.

If you are prosecuted for driving under the influence with a California child endangerment sentencing enhancement, you face the relevant DUI penalties plus an additional 48 hours to 180 days in a county jail.

If you are alternatively charged with (and convicted of) California’s child endangerment law, you face a separate misdemeanor offense, punishable by up to one year in a county jail and a maximum $1,000 fine. If convicted of the offense as a felony…which would only occur under severe circumstances…you face up to six years in the California state prison.

So please – don’t underestimate the effects of even having one or two drinks…especially when you’ll be driving with children in the car. Be safe – happy Halloween!

Let’s say that you’re under 21 and have a “fake” driver’s license so that you can go to bars, nightclubs, etc. You’re out with your friends, drink too much, and as you’re driving home, get stopped on suspicion that you’re DUI. The cop asks to see your license. You know that it’s illegal in California to be drinking and driving when you’re under 21, so you give the cop your counterfeit license. The problem is that unlike the bartender who served you, the cop recognizes that you are holding a fake driver’s license.

So now you not only face charges for being under 21 and driving under the influence, but you also face fraud charges for having a fake driver’s license that can subject you to a felony, punishable by up to three years in the California state prison and a maximum $10,000 fine.
And, depending on the circumstances, you could face additional charges for possession of a fraudulent public seal and/or forgery.

It’s just not worth it. Although you might think having a fake driver’s license is “no big deal”, it is. A California conviction for this offense subjects you to a world of trouble…fines, possible jail or prison time, and, worst of all, a permanent criminal record.

In California, driving under the influence cases what are known as “priorable offenses”. This means that every subsequent conviction increases your minimum sentence. Yet even as a priorable offense, most DUIs are typically prosecuted as misdemeanor offenses.

Your first, second, or third drunk driving conviction within a ten-year period will still be punished as a misdemeanor. And if you suffer any subsequent DUI convictions beyond the ten-year period, the sequence begins anew. This means that you can accumulate quite a few DUI convictions before the offense is charged as a felony…that is, unless you serious injure or kill another person as a result of your intoxication.

First-time California misdemeanor driving under the influence offenders are punished by a maximum six-month jail sentence, but generally do not spend any time in jail. Second-time misdemeanor DUI offenders face a minimum 96 hours in jail and a maximum one-year sentence. Third-time misdemeanor DUI offenders face a minimum jail sentence of 120 days to a maximum sentence of one year.

DUIs are among the most common type of California crime. And although they are typically misdemeanor offenses, an egregious case may be charged as a felony. A California felony driving under the influence conviction subjects an offender to a wide array of penalties.

If you are convicted of your fourth or subsequent drunk driving conviction within a ten-year period, you face 16 months to three years in a California state prison. If you are convicted of a felony DUI that causes injury, you face 16 months to ten years in prison.

If you are convicted of felony vehicular manslaughter while intoxicated, you face 16 months to four years in prison. If you are convicted of felony gross vehicular manslaughter while intoxicated, you face four to ten years in prison. If you have a prior alcohol-related vehicular manslaughter conviction or two or more prior DUI convictions, you face 15-years-to-life in the state prison. And this is the same sentence you face if convicted of felony second-degree murder, which may be charged if you kill someone while you were driving under the influence and have a prior DUI.

If your California DUI defense attorney can convince the prosecutor to reduce your felony DUI charge to a misdemeanor, you face a maximum one-year sentence in a county jail. This is simply one reason why consulting with an experienced DUI lawyer can be critical to your case.

Late last month, the California Highway Patrol arrested Rudy Fritz (45) on suspicion of driving under the influence and vehicular manslaughter after causing an accident that killed his 12-year-old daughter, Kelley.

After conducting an investigation, the CHP suspected that Fritz was driving under the influence of a controlled substance…a prescription drug…and that alcohol was not involved. Driving under the influence of a prescription drug is nevertheless a violation of California’s DUI laws.

Both Fritz and Kelley were ejected from Fritz’s 1956 Volkswagen Beetle after he lost control, veered into oncoming traffic, and hit another car head-on. Neither Rudy nor Kelley were wearing seatbelts, as the car was not equipped with them.

At this time it is unclear as to what type of vehicular manslaughter charges the San Diego District Attorney’s Office will file. Possibilities include (1) a straight vehicular manslaughter charge, (2) vehicular manslaughter while intoxicated, or (3) gross vehicular manslaughter while intoxicated.

Although the fact that Kelley wasn’t wearing her seatbelt could ordinarily trigger a gross vehicular manslaughter charge…not requiring a 12-year-old passenger to wear a seatbelt could be viewed as gross negligence…owners of vehicles that predate safety-restraint laws are not legally required to retrofit their cars with seatbelts. As a result, that might affect whether Fritz legally acted with gross negligence.

Most cases of driving under the influence in California are prosecuted as misdemeanors. However, if you suffer your fourth or subsequent DUI within a ten-year period or injure another person as the result of driving under the influence, then the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony. This is what California law defines as a wobbler.

California law defines a “wobbler” as an offense that prosecutors may elect to file as either a misdemeanor or a felony depending on (1) the facts of the case, and (2) your criminal history. It would therefore seem that if, for example, you suffer your fourth DUI within a ten-year period, your DUI history would lead prosecutors to file the charge as a felony. However, that isn’t always the case.

This is where having a skilled California DUI defense attorney becomes critical. This type of lawyer knows the most effective ways to convince prosecutors to reduce your penalty exposure by either filing your drunk driving charge as a misdemeanor or by reducing a charged felony DUI to a misdemeanor.

California prosecutors are endowed with a great deal of discretion when it comes to sentencing, as a great many criminal offenses are classified as wobblers. When you can persuade the prosecution that you are remorseful, that your criminal culpability should be reduced due to mitigating circumstances, or that your criminal history warrants more lenient treatment, it is likely that they will charge your wobbler offense as a misdemeanor.

The cops have just pulled you over because they suspect you are driving under the influence. In order to investigate their suspicion, they begin to ask you a series of questions. The preliminary questions are designed to identify you. The police ask for your driver’s license, insurance, registration, etc. Although you may be inclined to give a false name, say you don’t have your license on you (when you really do), or give any other false or misleading information in an attempt to escape criminal liability, don’t do it!

And when the cops being asking you questions about your evening…were you drinking, how much were you drinking, when were you drinking, etc. you may be tempted to tell the officers that you haven’t had anything to drink (when in reality you had a least a couple of beers). As difficult as it may be, resist that temptation! You have the right to remain silent – exercise that right. But if for some reason you are compelled to talk, be honest because if you’re not…and that fact can be proven…you subject yourself to further criminal charges.

Vehicle Code 31 VC California’s law against providing an officer with false information is a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. Prosecutors can technically charge you with Vehicle Code 31 VC California’s law against providing an officer with false information anytime you do just that…knowingly make a false statement to an officer engaged in the performance of his/her duties.

So, please – comply with the officer’s request and provide the appropriate identifying information. And then, politely advise the officer that you wish to remain silent. Your silence can only help you…false statements can come back to haunt you.