Dave Jake Schwartz, Attorney at Law, PO Box
5604, Santa Rosa, CA 95402, 707-480-3383
Sonoma County DUI & DMV Phone Consultations Free from 5 a.m. to 6 p.m. Every Day
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LAWYER |
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"On New Year's Eve, my 22-year-old son drank at a party and then foolishly drove his car. He was stopped by the Highway Patrol and he got a DUI. Thus began our journey into the unknown depths of legal proceedings, paperwork, deadlines, the court, judges, District Attorneys, the DMV, AA meetings--a host of intimidating processes. Without Jake as our attorney, we would have been totally lost. Jake is a professional and he knows what he's doing. He successfully navigated all the obstacles for us. For a very reasonable fee, he met with us personally, kept in touch, reviewed our case, told us what to expect, and represented my son in court. All came out well in the end, and we have Jake to thank for it"
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ANATOMY OF A DUI
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ABOUT JAKE
TOP TEN
QUESTIONS FROM MINORS ARRESTED FOR DUI
(NOTE THAT JUVENILE LAW
-- DRIVERS UNDER AGE 18 -- IS NOT SPECIFICALLY DISCUSSED BELOW
UNLESS STATED, AND MAY RESULT IN DIFFERENT OUTCOMES; CONTACT A SANTA ROSA LAWYER)
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NOTE: MANY OF THE TOP ADULT QUESTIONS APPLY TO MINORS TOO; AFTER REVIEWING THE INFO BELOW, CLICK THE STAR TO SEE THE TOP GENERAL QUESTIONS AFTER A SONOMA COUNTY DUI ARREST |
1. Can I drive now?
IF AN INDIVIDUAL WAS VALIDLY LICENSED AND INSURED PRIOR TO A SONOMA COUNTY DUI ARREST AND IF THE OFFICER TOOK THE ARRESTEE'S LICENSE AND HANDED HIM/HER A "PINK" TEMPORARY LICENSE, THEN TYPICALLY MOST PEOPLE MAY DRIVE WITH THAT TEMPORARY LICENSE FOR 30 DAYS FROM THE DATE OF ARREST. USUALLY A LOCAL SANTA ROSA ATTORNEY CAN HELP EXTEND THAT 30 DAYS UNTIL A DMV DECISION IS OBTAINED. CLICK ON ANATOMY OF A DUI ON THIS SITE FOR A TYPICAL VIEW OF THE ENTIRE DUI PROCESS.
CLICK ON TEN TIPS FOR THE FIRST 48 HOURS AFTER ARREST ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT THE PINK TEMPORARY LICENSE AND THE DMV. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
2. Can we make this go away?
IN SOME CASES, UNDER-21 ZERO TOLERANCE DUI'S IN SONOMA COUNTY CAN BE RESOLVED IN CREATIVE WAYS, ESPECIALLY WHEN THE ALCOHOL LEVELS ARE LOWER. MISDEMEANORS MAY BE REDUCED TO INFRACTIONS, INFRACTIONS MAY BE DIVERTED OUT OF THE COURTS ALTOGETHER, AND OTHER TYPES OF RESOLUTIONS SHORT OF A CONVICTION MAY BE OBTAINED. IN ADDITION, SANTA ROSA ATTORNEYS KNOW THAT ARE MANY WAYS TO FIGHT A DUI. CLICK ON TEN TIPS FOR FIGHTING A DUI ON THIS SITE FOR A MORE DETAILED DISCUSSION. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
3. What if I was below .08?
UNDERSTAND, OF COURSE, THAT ZERO-TOLERANCE CASES MEAN THAT MINORS CAN BE SIGNIFICANTLY BELOW .08 AND STILL BE FOUND GUILTY OF VIOLATING THE ZERO-TOLERANCE LAW. HOWEVER, DEPENDING ON THE FACTS OF A PARTICULAR CASE, IF BLOOD ALCOHOL LEVELS ARE BELOW .08, THEN IT IS LESS LIKELY THAT THE SONOMA COUNTY DISTRICT ATTORNEY WILL SEEK A FULL DUI CONVICTION AS COMPARED TO A WET RECKLESS, OR, EVEN BETTER, AN INFRACTION THAT MAY BE DISMISSED UPON SUCCESSFUL COMPLETION OF SOME SORT OF EDUCATIONAL REMEDIATION.
IF BLOOD ALCOHOL LEVELS ARE AS LOW AS .01 OR .02, ADDITIONAL DEFENSES MAY BE MOUNTED BY YOUR SANTA ROSA LAWYER IN COURT (AND AT DMV IF NECESSARY) TO ATTEMPT TO AVOID A DMV SUSPENSION AS WELL. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
4. Will my insurance be affected?
INSURANCE POLICIES AND RATES ARE TYPICALLY AFFECTED BY ADVERSE ENTRIES ON A DMV RECORD. ANY CONVICTION RELATED TO ALCOHOL AND DRIVING WILL LIKELY BE REPORTED BY THE SONOMA COUNTY COURT TO THE SANTA ROSA DMV. THEREFORE IT IS CRITICAL TO RELY ON A LAWYER TO ANALYZE A SPECIFIC CASE AND TRY ANY APPLICABLE CREATIVE SOLUTIONS TO AVOID AN ALCOHOL-RELATED CONVICTION WHICH MIGHT APPEAR ON A DRIVING RECORD.
IF A CONVICTION IS INEVITABLE, THEN MANY PEOPLE, ESPECIALLY PARENTS, CONSIDER ALTERNATIVES SUCH AS SEPARATING INSURANCE POLICIES AND ENGAGING DIFFERENT INSURANCE COMPANIES TO AVOID HIGHER RATES FOR EVERYONE; THIS CAN BE A GOOD TIME TO FIND A BETTER INSURANCE BROKER RECOMMENDED BY A DUI LAWYER WHO KNOWS THE COMPLEXITIES BROUGHT TO A FAMILY WITH A YOUNG DUI OFFENDER ON THE FAMILY POLICY. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
5. Will I go to jail?
IN SONOMA COUNTY, IN A "STANDARD" FIRST DUI CASE UNDER 0.15% BLOOD ALCOHOL WHERE THERE ARE NO OTHER CHARGES OR ALLEGATIONS, AND NO VIABLE LEGAL DEFENSES OR OTHER COMPELLING FACTS, MOST DEFENDANTS CAN ANTICIPATE TWO DAYS OF JAIL, AND THREE YEARS INFORMAL PROBATION. MANY UNDER-21 CASES RESOLVE WITH BETTER RESULTS (FOR EXAMPLE AN INFRACTION DISMISSED FOLLOWING DIVERSION-TYPE EFFORTS, OR A "WET RECKLESS") AND LIKEWISE MANY RESOLVE WITH HIGHER PENALTIES.
IF A JAIL SENTENCE IS ORDERED, THEN MOST FIRST AND SECOND DUI OFFENDERS IN SONOMA COUNTY CAN AVOID SERVING ACTUAL JAIL TIME THROUGH ALTERNATIVES SUCH AS VOLUNTEER WORK RELEASE OR HOME CONFINEMENT. MANY SECOND AND THIRD OFFENDERS MAY QUALIFY FOR SONOMA COUNTY'S NEW "DUI COURT" DESIGNED TO FOCUS ON TREATMENT RATHER THAN INCARCERATION.
TO EXAMINE THESE VARIOUS JAIL ALTERNATIVES WHERE THERE ARE NO VIABLE DEFENSES OR AGGRAVATING FACTORS IN A CASE, CLICK ON TEN TIPS FOR EASING THE CONSEQUENCES OF A DUI ON THIS SITE AND GO TO JAIL ALTERNATIVES. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
6. How much are the fines?
A TYPICAL DUI FINE IN SONOMA COUNTY IS APPROXIMATELY $2200. IF THE CASE IS REDUCED OR DISMISSED, THE FINE EXPOSURE MAY DROP SHARPLY. IF THE CASE CANNOT BE REDUCE OR DISMISSED, LOCAL SANTA ROSA ATTORNEYS ALWAYS OBTAIN AFFORDABLE MONTHLY PAYMENTS FOR OUR CLIENTS IF PAYING THE ENTIRE AMOUNT WOULD CONSTITUTE A HARDSHIP ON THE CLIENT OR HIS/HER FAMILY. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
7. Will my license be suspended?
IN A TYPICAL ZERO-TOLERANCE CASE WITH NO VIABLE OR SUCCESSFUL DEFENSES, THE DRIVER LICENSE IS USUALLY SUSPENDED FOR A MINIMUM OF ONE YEAR.
IN SOME CASES A LOCAL SANTA ROSA ATTORNEY CAN HELP ELIMINATE ANY ACTUAL SUSPENSION AT ALL IF SUCCESSFUL DEFENSES ARE PRESENTED IN YOUR CASE. THERE ARE MANY WAYS TO FIGHT A DUI. CLICK ON TEN TIPS FOR FIGHTING A DUI ON THIS SITE FOR A MORE DETAILED DISCUSSION.
CAN I GET A HARDSHIP LICENSE? IN A TYPICAL SONOMA COUNTY ZERO-TOLERANCE CASE, WITH NO ALLEGATION OF REFUSAL, INJURY OR OTHER AGGRAVATING CIRCUMSTANCES, MOST MINORS BECOME ELIGIBLE FOR A CRITICAL NEED RESTRICTED CLASS "C" CALIFORNIA LICENSE FOLLOWING A 30-DAY PERIOD OF SUSPENSION BY THE SANTA ROSA DMV IF CERTAIN HARDSHIPS CAN BE SHOWN. THE MOST IMPORTANT HARDSHIP WHICH MUST BE DEMONSTRATED IS THAT PUBLIC TRANSPORTATION IS INADEQUATE TO ACCOMPLISH SAFE AND PRACTICAL TRAVEL TO SCHOOL, WORK OR MEDICAL CARE OF A FAMILY MEMBER.
THIS TYPE OF LICENSE IS ONE OF A VARIETY OF SPECIAL DRIVING REGULATIONS FOR MINORS, COMMERCIAL DRIVERS, OUT OF STATE RESIDENTS, ETC. CLICK ON TEN TIPS FOR GETTING YOUR LICENSE BACK FROM DMV ON THIS SITE FOR A MORE DETAILED DISCUSSION ABOUT GETTING YOUR LICENSE BACK IN THIS AND MANY OTHER SITUATIONS. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
8. What if I'm under 18 years old?
JUVENILE DUI'S ARE USUALLY TREATED DIFFERENTLY THAN ADULT DUI'S IN SONOMA COUNTY. THE JUVENILE PROBATION DEPARTMENT IN SANTA ROSA IS TYPICALLY FIRST TO BECOME INVOLVED, AND WILL USUALLY CONTACT A JUVENILE AND HIS/HER PARENTS WITH A LETTER SEVERAL WEEKS AFTER THE ARREST, REQUESTING AN INTERVIEW ABOUT FAMILY LIFE, SCHOOL, AND SUBSTANCE ABUSE. CLICK HERE TO SEE AN EXAMPLE OF SUCH A PROBATION LETTER. A LAWYER MAY ACCOMPANY THE JUVENILE AND PARENTS TO THIS PROBATION INTERVIEW.
A DECISION WILL BE MADE WHETHER TO RECOMMEND SONOMA COUNTY JUVENILE COURT PROCEEDINGS AT THE LOS GUILUCOS JUVENILE COURT IN SANTA ROSA. IF THE CASE PROCEEDS TO A JUVENILE DUI FINDING, THEN CLICK HERE TO SEE A TYPICAL JUVENILE COURT DELINQUENCY FINDING AND CLICK HERE TO SEE A TYPICAL SONOMA COUNTY JUVENILE DUI SENTENCING ORDER, WHICH INCLUDES 6 MONTHS FORMAL PROBATION (INCLUDING REPORTING TO AN ASSIGNED PROBATION OFFICER, RANDOM SEARCH & SEIZURE TERMS, & RANDOM DRUG/ALCOHOL TESTING), 40 HOURS COMMUNITY SERVICE, ONE-YEAR LICENSE SUSPENSION, DUI YOUTH CLASSES, CHP START SMART PROGRAM, AND APPROXIMATELY A $400 FINE.
ALTHOUGH JUVENILE CRIMINAL RECORDS IN SANTA ROSA ARE SEALED AT AGE 18, DMV RECORDS WILL CONTINUE TO SHOW JUVENILE DUI SUSPENSIONS (TYPICALLY ONE YEAR) FOR AT LEAST 10 YEARS FOLLOWING A SONOMA COUNTY INCIDENT. THE FOLLOWING LINK IS AN EXAMPLE OF A 22 YEAR OLD MAN'S DMV DRIVING RECORD SHOWING ONE JUVENILE ALCOHOL SUSPENSION WITH .03% ALCOHOL (AGE 16), ONE MINOR DUI WITH .08/.07% ALCOHOL (AGE 20), TWO SUSPENDED LICENSE CASES, AND ONE ADULT DUI WITH .11/.12% ALCOHOL (AGE 22): JUVENILE DMV RECORD. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
9. Will I have a criminal record?
ONE CAN NEVER KNOW AT THE BEGINNING OF ANY CASE WHAT THE END RESULT WILL BE. AN INFRACTION DISMISSED AFTER SUCCESSFUL COMPLETION OF CERTAIN TASKS WILL NOT RESULT IN ANY RECORD OF CONVICTION BUT MAY STILL CARRY DMV HISTORY UNLESS THAT MATTER IS ALSO RESOLVED WITHOUT SUSPENSION. BY CONTRAST, A ZERO-TOLERANCE CONVICTION WILL TYPICALLY REMAIN ON A CRIMINAL RECORD FOREVER (UNLESS IT IS A JUVENILE CONVICTION, ALTHOUGH EVEN JUVENILE DUI'S REMAIN ON A DMV RECORD). CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
10. What if I have a prior DUI?
A MINOR WITH A PRIOR ALCOHOL-RELATED DMV SUSPENSION IS USUALLY NOT ELIGIBLE FOR THE CRITICAL NEED RESTRICTED LICENSE. IF A PRIOR CONVICTION WAS FOR AN .08 OR HIGHER DUI, AND THE CURRENT SONOMA COUNTY CHARGES ARE ALSO FOR A FULL DUI AT OR ABOVE .08, THEN A MINOR WILL FACE THE SAME INCREASED PENALTIES IN SANTA ROSA AS AN ADULT, INCLUDING AT LEAST 30 DAYS JAIL (OR JAIL ALTERNATIVE), AND THE 18-MONTH MULTIPLE OFFENDER DUI PROGRAM.
DIFFERENT COMBINATIONS OF BELOW .08 AND ABOVE .08 CASES CAN (AND SHOULD) MAKE A DIFFERENCE IN THE OUTCOME OF THE CURRENT MATTER. ADDITIONAL FACTORS AFFECTING THE OUTCOME OF THE CURRENT MATTER INCLUDE THE RECENCY OF THE PRIOR AND ANY IMMEDIATE AND SOLID EFFORT TO DEMONSTRATE A COMMITMENT TO SOBRIETY. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.
Evening & Weekend Appointments Available
Sonoma County DUI
and Santa Rosa DMV
Phone Consultations Always Free
5 a.m. to 6 p.m.
Dave
Jake Schwartz * Attorney
At Law * PO
Box 5604 * Santa Rosa,
CA 95402 * (707) 480-3383
California State Bar No. 138607
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