DUI

Don't let a DUI lock YOU up!

Once Arrested, What Happens Next In My Butte or Glenn County DUI?

There are two, three or more entities that may review your case and have the authority to order consequences on a DUI:

1. California DMV
2. California Court System
3. College that you attend may have a disciplinary board.
4. Professional Licensing Board. If working as a Nurse, Counselor, Truck Driver, or even Audiologist! You may receive a disciplinary review of your license.

IMPORTANT: DMV will automatically suspend your license unless you take action immediately!! Request an administrative hearing with DMV to keep a temporary license. This hearing must be requested within 10 days of the citation issuance. Our law office will contact DMV for you if you are our client.

• The Court System or the jail, will order an arraignment. This is the first opportunity to plead guilty, not guilty, or "no contest" to your DUI charges. It is typically your first appearance in court. If you have retained an attorney, and the case is a misdemeanor, the attorney may go to court on your behalf.
• If you are a College Student, play on a sports team, or simply attend a local college, there can be an issue with this type of case and the college. Many teams have a policy regarding a criminal arrest and your ability to stay on a team. This is typically because the college wants to keep a good reputation with the community and wants its players to be good role models to the community. We will talk with your coach and work with the school to assist in keeping you in good standing. If you attend college, make sure you keep up on emails to see if the college has called you to a disciplinary hearing.
• If you have a Professional License, make sure your current address is filed with your professional licensing Board. You do NOT want that agency to send a letter to an old address. Professional licenses that can be put into disciplinary action includes nurses, doctors, dentists, EMT, paramedic, audiologist, school teacher, coach, and other professions. The issue regarding licensing is if the DUI has some sort of connection to your work. This is an issue of disobeying the law and putting the community at risk. We will send a letter of response to the licensing board and refer you to an Administrative Law attorney should the case go to an administrative hearing.

What Can An Attorney Do For Me?

A good DUI attorney can be beneficial to your case in several ways:

• Set a DMV administrative hearing & appear on your behalf for that hearing
• Make court appearances on your behalf (this means you do not have to be there!)
• Provide a thorough evaluation and investigation including use of our very own in-house private investigators
• Provide a comprehensive DUI defense strategy
• Has experience and expertise with the law
• Reduced penalties (such as GPS monitoring instead of jail time)

What Is Driving Under The Influence Of Drugs?

California law states it is illegal to drive while impaired due to the consumption of drugs. "Drugs" are defined as a substance other than alcohol that can affect your nervous system, brain or muscles.

Driving with drugs means any drugs in your system can impair your thinking or coordination and this affects your ability to drive safely. This includes prescription, over-the-counter, and illegal drugs.

These drugs can have side effects which may impair your thinking or reaction to events while driving.

Who Is The Best DUI Attorney In Butte County?

We have high ratings from our clients. 5-star Yelp reviews, Google and Avvo reviews are top reviews! Attorney Susan M. Hearne specializes in DUI defense. Her years of experience and success can be referenced by respected websites such as Avvo, Yelp and others.

What Happens Next In The Court?

1. Investigation by Defense - This includes the investigation of the traffic stop and police reports surrounding your arrest. This also involves the utilization of our attorney resources including a private investigator to gain witness statements and other information necessary to a proper DUI defense strategy. It is important that the equipment used by the police in your case was calibrated and in good working order. This is one of the many issues that we'll file a discovery motion.
2. Pre-Trial Conference - This is where the attorneys on both sides meet with the Judge to determine whether the case will be brought into court and what punishment(s) will be sought.
3. Trial - This phase is the jury trial in court. Most DUI cases do not go to court, however, those that do go to court will benefit from an attorney's expertise to reduce potential punishments.
4. Sentencing/Probation Reviews - This is the final stage in the DUI process where the court gives orders as to what it requires you to do after sentencing as punishment. Often there are fines/fees/assessments, jail or GPS monitoring, probation of some sort, and DUI school requirements. An expert attorney can reduce or eliminate some of the harsher variations of these penalties. We serve Butte County, Glenn County, Tehama County. We also represent Military personnel in Yuba and Sutter County, as a courtesy to those who serve our country.

California DUI Laws

Most adult DUI charges in California are brought under Vehicle Code section 23152. That statute sets out several separate theories of violation. The subsections below summarize the conduct each part of the law addresses.

(a) Driving under the influence of alcohol

It is unlawful to drive a vehicle while under the influence of any alcoholic beverage. This is sometimes called a “subjective” or impairment-based DUI: the question is whether alcohol affected your ability to drive safely, not only what a breath or blood test showed.

(b) Driving with a blood alcohol concentration (BAC) of 0.08% or more

It is unlawful to drive a vehicle when you have 0.08 percent or more, by weight, of alcohol in your blood. This is often called “per se” DUI because the prosecution may rely on the chemical test result.

(c) Driving while addicted to the use of a drug

It is unlawful for a person who is addicted to the use of any drug to drive a vehicle, with an exception for people participating in an approved narcotic treatment program under the Health and Safety Code.

(d) Commercial drivers — 0.04% or more BAC

It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle. The lower limit reflects the stricter standard that applies to commercial driving.

(e) Passenger-for-hire vehicles — 0.04% or more BAC

When a passenger for hire is in the vehicle, it is unlawful to drive with 0.04 percent or more, by weight, of alcohol in your blood. This subsection targets drivers of vehicles such as taxis, rideshares, and other passenger-for-hire situations at the lower 0.04% threshold.

(f) Driving under the influence of any drug

It is unlawful for a person who is under the influence of any drug to drive a vehicle. This covers impairment from illegal drugs, prescription medications, and other substances when they affect your ability to drive, regardless of alcohol.

Underage DUI laws

California has additional rules for drivers under 21. Two important Vehicle Code sections are summarized here.

Vehicle Code § 23136 — Zero tolerance (under 21)

A driver under 21 who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, may not lawfully drive. This zero-tolerance rule is separate from a full DUI under § 23152, but it does not prevent the prosecution from also charging other offenses. Under 21 drivers are generally deemed to have consented to testing when lawfully detained for an alleged violation, with license consequences for refusing or failing to complete a test as described in the statute.

Vehicle Code § 23140 — Under 21 with 0.05% or more BAC

It is unlawful for a person under 21 who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. A violation may be found if the person was under 21, had consumed an alcoholic beverage, and was driving with at least that BAC. Convictions are reported to the DMV like other vehicle code violations.

If you or your child is facing an underage alcohol-related driving case, early legal advice can help protect both driving privileges and future opportunities.