Legal Question in DUI Law in California

There is no mandatory jail time on a first offense in California. Also, the new law regarding ignition interlock is only in five counties and does not go in to effect until this summer, if at all. There are several problems with the law that may lead to challenges.

However, if she really blew over a .20, then the penalties are more substantial than a standard first offense, so you probably want a lawyer to see if the penalties can be minimized.

Her sentence will be determined through a negotiated plea bargain between her attorney and the DA, or by a judge after conviction at trial. She faces substantial jail time and other penalties if convicted, but they can usually be 'negotiated' down. That is what attorneys are there for. If she is serious about getting legal counsel to help her, feel free to contact me.

This answer assumes your girlfriend has no prior DUI convictions. If her 12 hours of jail started before midnight and ended after midnight then most courts grant 2 days credit against any subsequent jail sentence when the case is resolved later. Obviously if she wins her case then there would be no further jail. Otherwise further jail time (or a jail alternative such as �volunteer� work for the county) depends on lots of factors such as what the DA wants, plus the strength of the case and the success of any negotiating by your DUI defense attorney, the typical jail sentence for your county in this type of case, the sentencing practices of the assigned judge, and the intake practices of the local jail (book and take-in vs. book and release, etc).

The new 2010 laws include AB 91 (codified at VC 23700) which is a 6-year pilot program requiring a court-ordered ignition interlock device (IID) for persons convicted of a first DUI in four test counties, Alameda, Sacramento, Los Angeles and Tulare. If your girlfriend lives in one of those counties then she would be well-advised to consider resolving her case before the effective date for this new law, July 1, 2010.

Regardless of the new law, understand that a different law went into effect last year, Vehicle Code 23575, requiring the court to give heightened consideration to imposing an IID for any person found to have a blood alcohol concentration (�BAC�) above 0.15% . In addition, under the existing VC 23578, a person with an alleged BAC above 0.15% faces additional punishment (typically a few added days of jail or jail alternative). In addition, if a person pleads guilty to a 0.20% or more BAC, then under the existing VC 23540, the 9-month extended DUI program (weekly classes) is likely imposed rather than the standard 3-month program. There are typically additional DMV consequences too, such as a longer period of suspension/restricted license.

Finally, courts are often concerned at the beginning of any DUI case which involves a high BAC and no readily apparent defenses. A good DUI defense lawyer will often advise a client with a high BAC to start collecting a substantial number of AA meeting attendance sheets long before the first court date or engage other activities depending on the severity of the situation, to reassure the court that additional monitoring by probation officers during the course of the case is not necessary.

You can see that this is not simple, and your girlfriend may be facing harsher consequences with a high BAC, regardless of any new law. She should get a local DUI defense attorney to try to beat this case, or if there are no viable defenses, then to try to negotiate away any of these or other enhancements which she may be facing, and finally to give her the proper advice, including practical tips and shortcuts, to get through this situation with the least consequences, stress and inconvenience. If you wish to browse additional information of this nature, please feel free to visit my website at http://www.sonomacountyduilawyer.com.

Good luck,

Jake