Legal Question in DUI Law in California

Re: Penalties for DUI first time offense for out of state defendant

1. The officer must have "probable cause" to pull a driver over. In this case, the officer used a very minor equipment problem to technically justify it: almost certainly this was not the real reason, but the law permits it to be used as grounds for stopping a motorist.

2. I am not familiar with the courts in the Martinez area (I practice in Southern California), but a first-offender usually is looking at (assuming a non-negotiated guilty plea or conviction) about $1500 fine, 4-month driving suspension, a 3-month DUI school, 3 years probation, possible short jail sentence or community service, possible installation of ignition interlock.

3. Because your friend is an out-of-state driver, his privilege to drive in California will be suspended, not his license (California has no power to suspend a foreign license). However, his home state will probably find out (the California DMV will probably notify their DMV) and take action against the license -- again, assuming a conviction or DMV administrative license suspension.

4, Your friend should immediately retain a good DUI attorney who specializes in DUI defense, and should call the DMV Driver Safety Office within 10 days of the arrest to demand a hearing on the suspension. These hearings are often won by a good attorney, and failure to request the hearing within 10 days results in an automatic suspension in 30 days.

Lawrence Taylor

Practice limited to DUI defense (Los Angeles, Orange, Riverside, San Diego, Ventura and San Bernardino Counties) http://www.DUIcentral.com