#12

For simplicity I am using the term alcohol, but the statute specifically includes prescription drugs given by a doctor, marijuana, hard narcotics, and over-the-court pills. Let me start by saying I’m not against drinking, but when I represented drunk driving clients as an attorney, almost all of them said that after everything was finished, they had no idea what was involved. They couldn’t imagine the complexity, the horrendous cost, and the effects on their life. The purpose of this newsletter is to apprise you of the most likely consequences if you are convicted of drunk driving.

When I was a teenager back in the 1960s, I remember one time getting pulled over for drunk driving. All the policeman did (fortunately, he was a very lovely man) was tell me to be careful driving home, and you let me go with a warning. I can guarantee you that won’t happen today.

Ever since Mothers Against Drunk Driving (MADD), society has recognized what a serious and potentially dangerous offense driving under the influence really is. In most states, including California, you’re going to spend some time in jail. And that may be the least of it. Some clients have said that even after six or seven years, the drunk driving offense still affects their lives.

According to the federal government, in April 2017, when they investigated deceased drivers involved in a fatal auto accident, they found 38% tested positive for alcohol, and 43% tested positive for drugs. In over a third of all fatalities, drugs or alcohol were involved. That should tell you something!

I encourage you to take an Uber or other transportation option if you plan to drink. If nothing else, after reading this article, at least you will understand the consequences and can judge what’s appropriate for you.

Initial Consequences

1. Arrest. If a police officer or highway patrolman suspects that you are driving under the influence of alcohol or drugs, they will pull you over. One of the attorneys I work with spent the night with an officer. The officer said to my partner, “See that car, two vehicles ahead, I bet he’s a DUI.” My partner said, even after the officer pointed out the car, he still couldn’t notice any difference, whereas the policeman with special training was able to differentiate a difference. After pulling you over, questioning you, and giving you a field sobriety test, he will ask you to blow into a breathalyzer to test your alcohol level. In California, if you blow a 0.08 you are presume driving under the influence, and if you refuse to take the breathalyzer, they usually arrest you on the spot. Now you’re taking to jail.

1. Bail. You will be determined to get out of jail as soon as possible. In some states, that means staying in jail until your court date, whereas in other jurisdictions, you may be eligible for bail. Assuming the judge determines you are not a flight risk or a risk to society; they often release on “bail” for $1,000 to $20,00 or more if someone is injured. If you can’t raise bail, you stay in jail. Generally, somebody has to go to a bail bondsman, who, for 10% or so of the amount of the bail, will post the full amount of your bail. They charge you for the bond, require a line of certain assets, and often set other conditions to make sure you appear at your hearing.

1. Court and Related Costs. Depending on the state, the court costs can be high. Penalties across states differ, but surprisingly not as much as they did 25 years ago. Almost all require some jail time, a significant court fine, a suspended or restricted driving license, and DUI school. And generally, an initialization of an “I.I.D.” (Ignition Interlock Device) to start your car. I am trying to keep this paper short, so I explain the possible penalty for a first-time DUI offense in California by (1) an adult (2) with no prior convictions, and (3) who did not cause any damage to other vehicles or injure any other person in their car or other vehicles.

The first defense is a misdemeanor DUI, which is fortunate, because if it escalated to a felony criminal DUI involving other people, there could be radically magnified penalties, jail times, and legal consequences. California Vehicle Code. 23152(a).

Jail Time:        The judge can and will impose anywhere between the minimum of two days in county jail and the maximum of six months.

Cour Fine:       The fine is from $390-$1000 for court costs. But as you let her find out, it only covers the court fees, and there are other financial obligations you will be responsible for.

I.D.D.:             As you may recall, the Ignition Interlock Device (I.D.D.) is installed on your car. The vehicle will not start unless you blow into a breathalyzer attached to this device, which determines you have not been drinking. The court may further severely restrict your driving to and from work, doctors’ appointments, and to court-mandated meetings. Otherwise, you are forbidden from driving.

DUI School:    No defendant wants to attend, but the court requires them to complete 3 to 9 months of DUI school. There, they try to make you realize the “errors of your way” and help you find a path forward. If you have an option, pick a school that advertises itself as a humorous classroom.

Attorneys’ Fees. It’s not required to have an attorney. However, if you have any chance of beating the ticket or if you cause injury to another, which could result in a felony, it’s highly advisable. It’s the old saying, “You get what you pay for.” Good attorneys can be expensive. According to ChatGPT, the average attorney’s fee for a first-time drunk driving case ranges from $1,000 to $5,000.However, if the matter goes to trial, the cost quickly escalates to an average of $5,000 to $15,000.

            Public Defender. If you can’t afford an attorney, the Sixth Amendment to the U.S. Constitution requires the public defender to represent you at no cost. In my experience (and I may be biased), they make sure that nothing unusual happens. However, they handle so many cases, and at no cost (except their salary), that they can’t go out of their way to really defend you the way a private attorney would.

1. Tow Truck and Items in Your Car. You can’t drive your car after he arrests you, so it usually must be towed. They’re going to charge you for that, and the cost will be even higher if it’s a truck or an SUV.

1. Storage of Vehicle. The tow truck doesn’t take your car to your house. That’s too easy. They usually take it to an impound yard, where they will charge you a hefty per-day fee until you pick it up. And since you can’t drive there or drive your car back, it gets even more complicated. Additionally, the storage areas always seem to be in the most inconvenient locations.

2. Pets in Car. If you have a pet in your car, the police will take it to the pound, where it will be held until you pay the daily fee and transportation costs. After a specified number of days, the pounds may find another owner for your animal or euthanize it, depending on local rules.

3. Children. If you have a minor in your car, this can be a very serious situation. In California, if no other parent will pick up the child at the scene, the child will be taken to foster care. You can guess how traumatic it is for children, especially when they don’t understand what is happening, and nobody is there to really hug them and hold them as only you could do.

4. Seniors and Others. In my experience, the police are not overly helpful in this regard. Sometimes they will take the other person to a police station and let them arrange their own transportation home. It all depends on many factors, including whether anyone is injured, how many officers are available, the crime rate for that night, and budgetary restraints.

1. Probation. Assuming you do not want to go to jail for a lengthy sentence, judges typically release DUI defendants to their homes and society while on probation. You sign a lengthy document that most people don’t fully understand until they sign it. But the fine print says that you will have to have regular check-ins with a probation officer, sometimes you must continue to remain employed, often you may have to attend counseling or treatment programs, such as Alcoholics Anonymous, and/or take special drunk driving classes, all at your own expense. The real kicker is that if you violate any of the probation terms during the probation period, even if you are no longer required to check in with anyone, there can be severe penalties if you commit another criminal offense. Many probation visits are monthly at the beginning, sometimes it’s unexpected and surprising, and occasionally you will go to their location. In any event, you are usually required to take a urine test for what you pay for.

1. Equipment Imposition. The advances in the field of artificial intelligence mean that the state can check on you if the judge deems it advisable. The most common one is equipment where you must blow into a breathalyzer that verifies that you are sober before your car will start up. Some cameras and sensors can be installed in your car to detect whether you are driving safely and to track your routes. Everybody who’s ever watched television knows about ankle bracelets that track your location throughout the day. There are many devices, some more expensive than others, and you never know what a judge may require or how restrictive it may be.

1. Restitution. The court can and usually does order you to pay restitution if you cause damage to someone else’s vehicle. If someone else was injured, they will probably sue you civilly for reckless driving, medical bills, lost wages, medication, doctor bills, pain, and suffering, and possibly punitive damages. Some states allow the other driver to collect their attorney’s fees when accidents are caused by DUI.

My dad was involved in an auto accident in San Francisco in his 80s, and he told me it was a mere fender bender. Since I was an attorney, I knew to check the court file.  He caused half a million dollars in damages, all covered by insurance. Fortunately, no alcohol was involved. But if it had been a DUI and punitive damages were awarded, he could’ve had a half-million-dollar verdict covered by insurance and a $3 of $4 million punitive damage claim that he would be liable for almost the rest of his life if he couldn’t pay it off.

Long-Term Consequences

1. Criminal Record. For some people, a criminal record may be among the harshest punishments. Your name might be in the newspaper. Every time the police pull you over, your DUI conviction will appear on your driving record. Almost all employers, landlords, mortgage lenders, bank loan officers, and others do a background search before granting you a position or a loan. In the old days, a DUI didn’t carry much weight, but now, with an overcrowded job market, many employers will not hire someone they feel may not have good common sense or control over their Actions. Lenders and landlords, if they’re willing to lend, will often charge a higher rate to offset the risk that it could happen again, making the loan slightly riskier. You can be sure the three major credit bureaus adjust your credit score because of a DUI, making everything more expensive for you.

1. College Scholarships and Education. The courts do not revoke scholarships, but they frequently report violations to the colleges. It is not uncommon for colleges or universities to revoke a scholarship under such circumstances. If you’re without a scholarship, you may have to pay the full tuition or forgo your college degree. It is unfair, but that is reality. If you were receiving financial aid to go to college, that, too, may be revoked.

1. Professional Licenses. Many state licenses, including those for carpenters, plumbers, electricians, truck drivers, other contractors, and teachers, may be revoked for a DUI. In my experience, it depends on the jurisdiction, whether you are charged with a misdemeanor or a felony, how important driving is to your work, and how the Board feels about having people with a DUI as licensees.

1. Divorces. I never would have thought about a DUI having any causal effect on divorces. However, during the years of my law practice, I saw spouses come in saying that their spouse was not taking responsibility for the drinking problem, and they foresaw future financial problems ahead. They wanted a divorce now. Don’t think it can happen. It does. Needless to add, divorce can also involve alimony, child support, shared custody, and other ramifications.

1. Automobile Insurance. Every state has its own rules, and each company sets its own policies, so it isn’t easy to make broad statements. However, you can be sure your premium rates will increase substantially. Some states, like California, have a statute that prohibits insurance companies from canceling your current policy until the term expires. However, because of a DUI, the insurance company is not obligated to renew your policy. If they do so, it may be at any rate they choose.

1. Military Personnel. I never did military law, but I had friends who were attorneys who did. They tell me that, regardless of whatever happens in civil court, the military is extremely strict and disciplined about soldiers getting a DUI. The military often deducts pay or reduces your rank.

1. Felony Conviction. If your DUI causes significant property damage or personal injuries, you may be charged with a felony instead of a misdemeanor. If convicted of a felony, you may face a lifetime of consequences. You have probably served time in a state penitentiary, rather than a county jail. As a felon, you may no longer qualify for Medicaid, Medicare, or other government assistance packages. Many employers will not hire a felon, and as such, you will find it hard to find employment.

1. Immigration. The current presidential administration has taken an extremely strict and aggressive posture toward people who are born in other countries and are residing in the United States under work permits or other types of visas. While I cannot personally verify the fact, I have been told by other attorneys who work in that field that the government has been revoking some people’s visas and work permits because of DUIs. I have read the newspaper articles about people being deported back to their home country because of even minor criminal convictions. Even permanent residents with a green card may have some serious concerns, especially if the DUI is charged as a felony. If you read the back of a green card, it says in the fine print, “This card is the property of the United States government. It may be revoked at any time.”

Conclusion

It is much cheaper to take a taxi.