Driving Under Influence (DUI) and Consequences

  • The status of an immigrant may be threatened if there is a any record of DUI arrest, conviction, or criminal charge. This goes on the immigrants permanent record and when applying for any kind of immigration benefit, their record will be excerpted. Having a DUI may also result in denial of reentry into the United States or even deportation out of the United States and back into their home country.

Within the 10 days of receiving the suspension or revocation order, the DMV is entitled to allow for a request of hearing. The action will not be sufficient if the review does not show any basis for suspension or revocation. The DMV will then notify only if the suspension or revocation is put off after the administrative team reviews it. A DUI does not specifically refer to alcohol, it refers to any substance that affects the state of mind when driving which includes medicines and drugs like illegal and legal drugs.

-A first offense DUI in California usually results in 3 to 5 years of probation, 6-month suspension of license, DUI school, a fine ranging from $1500 to $2000, etc. However, the suspension of license may not occur only if in court the driver is not convicted of the DUI that they received. The only other scenario would be if a California DMV hearing is requested, and the driver wins their case.

-Multiple DUI offenses within the state of California (specially four or more DUI's) may result in a prison sentence for a minimum of one year and a fine of approximately $18,000. Most DUI cases are labeled as misdemeanors, however a fourth offense DUI labels one as a convicted felon under California law and possibly permanent suspension of license. A DUI in the third offense may lead to a fine of approximately $18,000, DUI school, DUI probation, license suspension for up to three years, etc. A DUI in the second offense may lead to a fine of approximately $4,000, DUI school, DUI probation, license suspension for up to two years, etc.

-Receiving a DUI under the age of 21 is considered an “underage DUI” as the individual is not of legal age to be drinking. This may result in a suspension of license for approximately one year and possibly any of the penalties listed above. There is also a $1,000 fine for possession of alcohol in a vehicle along with another license suspension of one year.

-Receiving a DUI while being a commercial driver leads to detrimental results, in the first offense there is the consequence of one year license suspension. Within a time frame or range or ten years in the second offense, there is a consequence of permanently annulling the individuals' CDL (Commercial Driver's License).

The limits in regard to blood alcohol level for drivers include the following for various kinds of drivers:

  • Commercial drivers: .04%
  • Underage drivers (under the age of 21): .05%
  • Non-commercial Adult drivers: .08%
  • Ride-share, taxi, limo drivers:  .04%

-Probation on DUI

  • If an individual is arrested while on probation for a DUI, there are probation violations that result in large fines and fees
  • Crimes are considered more detrimental if committed on probation (such as driving without a license or valid insurance on hand).
  • May last from up till three to five years
  • Must comply and submit chemical test if suspected of possible new DUI
  • May no longer drive even under .08% BAC, you may have no alcohol in your system
  • Probation can be beneficial in cutting down time for one's sentence and also for avoiding jail time
  • Participate in drug and alcohol-counseling course that are designed to help educate individuals about the detrimental long-term effects of drugs and alcohol, along with consequences that may occur if driving while drunk.
  • Must complete DUI classes, failure to do so may result in suspension of license from DMV
  • If one fails to comply with any of the following laws or conditions, there will be a violation within probation which may result in a six-month prison sentence and revocation of one's probation.

-Pre Covid-19, the DUI arrests were approximately around 7,200. However, during the peak of the Covid-19 pandemic, they declined to around 4,200. Statistics seem to be higher and more concentration within southern and central California, with the greatest number of alcohol-related injuries and collision being in Los Angeles County.

-DUI Sobriety Checkpoint

  • The checkpoints themselves have their own set of regulations and requirements under California law and the Constitution.
  • The police are not required a “reasonable cause” to stop drivers for inspection
  • These checkpoints typically start around 9 PM till past midnight around places where there is a popular night life- like night clubs, bars, malls, etc. (Some checkpoints start as early as 6 PM)
    • They are typically set up during holidays, weekends, and nighttime when there are possibly more drunk drivers on the road.
    • They are usually constructed at various intersections.
  • There are various checkpoint locations listed online with their designated times and dates that they begin and end.
  • You may not refuse a DUI checkpoint in California, as once you have entered the checkpoint you must comply- otherwise seek legal representation from a lawyer if you have been arrested at a checkpoint for a DUI. However, do not be afraid to assert your right to remain silent if you are being asked questions that you are unsure how to answer. It is substantial that your lawyer has a considerable amount of time to analyze your case in order to dispute and counteract the evidence against you.

It is always dangerous to drink and drive. Be safer by having a designated driver or using rideshare apps. If you find yourself pulled over and detained, consult a lawyer to discuss your rights. It is very important that you contact an experienced attorney in a timely manner if you have received as DUI, as it can affect your status of immigration and lead to detrimental consequences. They will be able to provide you the proper legal advice and guidance.

It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case. 

Attorney Ramona Kennedy cares about your case and will fight for you.

You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge. 

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