Enter your search terms Submit search form
	Web www.JakeLaw.com

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

akeLaw.com

HOME PAGE   ANATOMY OF A DUI   TEN TIPS   BUST CARD   BEST LINKS   ABOUT JAKE  

TOP TEN QUESTIONS FROM MULTIPLE OFFENDERS

NOTE: MANY OF THE TOP QUESTIONS AFTER A SINGLE DUI APPLY TO PEOPLE WITH PRIORS TOO; AFTER REVIEWING THE INFO BELOW, CLICK THE STAR TO SEE THE TOP GENERAL QUESTIONS AFTER A SONOMA COUNTY DUI ARREST

1. How old a prior still counts?	6. When can I get a work license?
2. Will I go to jail?	7. Do I have to take classes again?
3. Is it worse if my prior was recent?	8. How much are the fines?
4. Out-of-state prior?	9. How do I minimize damage?
5. How long is the license suspension?	10. What about commercial licenses?

1.    How old a prior still counts?

TEN YEARS. THE "PRIORABILITY" OF OLD DUI'S (WET RECKLESS AND REGULAR DUI CONVICTIONS BOTH COUNT) USED TO BE 5 YEARS UNDER FORMER VEHICLE CODE SECTION 23102. IN 1981, PENALTIES WERE INCREASED AND THE CURRENT VEHICLE CODE SECTION CVC 23152 WAS BORN. IN 1986 THE PERIOD WAS EXTENDED TO 7 YEARS, AND IN 2005 THE CURRENT 10-REAR RULE WAS IMPLEMENTED. THE PERIOD OF RISK IS 10 YEARS FROM DATE OF ARREST (COURTS USE THE DATE OF ARREST, NOT DATE OF CONVICTION, WHEN DETERMINING IF PRIORS ARE WITHIN 10 YEARS AND SHOULD BE CHARGED NOW, BUT COURTS USE THE DATE OF CONVICTION WHEN DETERMINING IF A VIOLATION OF PROBATION SHOULD BE CHARGED NOW).

SOMETIMES A PRIOR INCIDENT COUNTS FOR DMV SUSPENSION PURPOSES BUT NOT IN COURT, SUCH AS UNDER-21 PRIORS WITH LOW ALCOHOL LEVELS, OR A PRIOR WAS DISMISSED IN COURT BUT THE LICENSE WAS STILL SUSPENDED AFTER THE PRIOR, OR IF THE DISTRICT ATTORNEY "MISSES" A PRIOR WHICH THE DMV COMPUTERS SEPARATELY IDENTIFY AND USE IN A NEW DUI INCIDENT.

DUI'S CAN GO IN DIFFERENT DIRECTIONS IN DIFFERENT CASES WITH VERY DIFFERENT RESULTS. CLICK ON ANATOMY OF A DUI ON THIS SITE AND SEE THE MANY DIFFERENT DIRECTIONS A SANTA ROSA CASE CAN TAKE, SOME OF WHICH RESULT IN PRIORS, AND SOME OF WHICH DON'T FOR CERTAIN PURPOSES. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

2.    Will I go to jail?

DON'T CONVICT YOURSELF YET! THERE ARE TONS OF WAYS TO WIN A DUI CASE OR REDUCE THE CHARGES. CLICK ON TEN TIPS FOR FIGHTING A DUI TO SEE A SAMPLE LISTING.

BUT IF NO VIABLE DEFENSES ARE PRESENT IN A CASE, USUALLY SECOND OFFENDERS CAN AVOID ACTUAL TIME BEHIND BARS BY GETTING A JAIL ALTERNATIVE, BUT THE SONOMA COUNTY DISTRICT ATTORNEY'S OFFICE IS BECOMING INCREASINGLY INSISTENT ON ACTUAL JAIL TIME. IT WOULD NOT BE UNUSUAL FOR THE ASSISTANT D.A. IN A THIRD OFFENSE CASE TO SEEK ACTUAL TIME.

A CAREFUL AND SINCERE DEMONSTRATION OF A MULTIPLE OFFENDER'S COMMITMENT TO SOBRIETY AND NO MORE DRIVING CAN GO A LONG WAY TO SOFTENING BOTH THE DISTRICT ATTORNEY AND THE COURT, PARTICULARLY IF ALCOHOL LEVELS ARE LOW IN THE NEW CASE, AND DRIVING BEHAVIOR WAS RELATIVELY SAFE. JAKE NEARLY UNIVERSALLY REQUIRES HIS MULTIPLE OFFENDER CLIENTS TO ATTEND A MINIMUM OF FIVE AA MEETINGS PER WEEK PLUS AN ADDITIONAL LAYER OF COUNSELING OR OUTPATIENT TREATMENT, SIMPLY TO KEEP CLIENTS OUT OF JAIL DURING THE CASE, NOT TO MENTION MITIGATING ANY POSSIBLE SENTENCING FOLLOWING THE CASE.

FOR THE THIRD OR MORE OFFENDER, DAY FOR DAY RESIDENTIAL TREATMENT CREDITS ARE OFTEN AN AVAILABLE ALTERNATIVE AGAINST ANY SUBSEQUENT JAIL SENTENCE. THE SERVICES OF A LOCAL SANTA ROSA ATTORNEY ARE NEARLY CRITICAL WITH RESPECT TO OBTAINING A BEARABLE RESOLUTION IF THERE ARE NO VIABLE DEFENSES IN A DUI CASE. CLICK HERE FOR TEN TIPS FOR THE FIRST 48 HOURS AND LOOK UNDER "FIXING TRIGGER PROBLEMS" TO FIND A MORE DETAILED DISCUSSION OF ACTIONS WHICH CAN BE TAKEN NOW TO MITIGATE INITIAL COURT CONCERNS AS WELL AS THE SEVERITY OF ANY FUTURE JAIL SENTENCE. 

DUI COURT IS ALSO AN ALTERNATIVE FOR SECOND AND THIRD OFFENDERS AND IS DISCUSSED IN THE "JAIL ALTERNATIVES" SECTION OF TEN TIPS FOR THE EASING THE CONSEQUENCES. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

3.    Is it worse if my prior was recent?

YES IN MOST CASES. IF THERE ARE NO VIABLE DEFENSES IN YOUR CURRENT CASE, THEN ADDITIONAL HURDLES WILL LIKELY BE PRESENT SUCH AS A VIOLATION OF PROBATION CHARGE IN SONOMA COUNTY (USUALLY AT LEAST AN ADDITIONAL 30 DAYS JAIL EXPOSURE), AND POSSIBLE REMAND TO JAIL OR TOUGHER CONDITIONS OF RELEASE DURING THE CASE DUE TO HEIGHTENED SONOMA COUNTY COURT CONCERNS WITH COMMUNITY SAFETY IF THE REPEAT OFFENDER IS OUT ON BAIL OR "OWN RECOGNIZANCE."

EVEN IF THE BLOOD ALCOHOL LEVELS ALLEGED IN THE CURRENT CASE ARE BELOW .08%, THE SANTA ROSA DMV MAY ACT TO SUSPEND A DRIVER LICENSE FOR A YEAR (WITH NO POSSIBILITY OF ANY WORK OR OTHER DRIVING PRIVILEGES) IF THE PRIOR CONVICTION WAS WITHIN ONE YEAR OF THE CURRENT ARREST DATE. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

4.    What if my prior wasn't in Sonoma County?

SOMETIMES. PRIOR CONVICTIONS FROM OTHER JURISDICTIONS, OTHER CALIFORNIA COUNTIES AND OTHER STATES, CAN BE MISSED BY THE SONOMA COUNTY COURTS, AND SOMETIMES BY THE SANTA ROSA DMV. ALTHOUGH THIS DOESN'T HAPPEN OFTEN AND IS NOT A DEVELOPMENT TO PLAN FOR, NONETHELESS IT DOES HAPPEN.

MOREOVER, IF A PRIOR CONVICTION WAS RECENT AND AN ACCUSED IS ALSO IN VIOLATION OF PROBATION, BUT THE PROBATION IS IN ANOTHER JURISDICTION SUCH AS NAPA OR MARIN, OR ANOTHER STATE, THEN IT IS UNLIKELY THAT AN ADDITIONAL VIOLATION OF PROBATION CHARGE WILL APPEAR ON THE SONOMA COUNTY COMPLAINT, MEANING THAT JAIL EXPOSURE IS LESS IN SANTA ROSA, BUT A SEPARATE CASE MAY ARISE IN THE JURISDICTION WHERE THE PRIOR CONVICTION OCCURRED. CONSULT WITH A LAWYER IN EACH JURISDICTION ABOUT YOUR SPECIFIC CASE.

5.    How long will my license be suspended?

IN A TYPICAL MULTIPLE OFFENDER CASE, THE DMV WILL LIKELY SUSPEND A CLASS C LICENSE FOR ONE YEAR IN A NON-REFUSAL CASE, SEPARATELY OF ANY COURT-GENERATED SUSPENSION RESULTING FROM A CONVICTION OR NOT, REGARDLESS OF HOW MANY PRIOR CONVICTIONS. A SONOMA COUNTY COURT CONVICTION SEPARATELY RESULTS IN A LICENSE REVOCATION BY DMV FOR TWO, THREE OR FOUR YEARS, DEPENDING ON THE NUMBER OF PRIOR CONVICTIONS.

FOR A DETAILED DISCUSSION ON THIS SITE OF THE DIFFERENT TYPES OF SUSPENSIONS RESULTING FROM THE SEPARATE DMV AND COURT PROCEEDINGS, CLICK ON TEN TIPS FOR GETTING YOUR LICENSE BACK. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

6.    When can I get a work license?

IF THE SEPARATE DMV ADMINISTRATIVE SUSPENSION IS NOT AVOIDED BY HIRING A LAWYER AND WINNING THAT PROCEEDING AT DMV, THEN THE ONE-YEAR SUSPENSION RESULTING FROM THE ADMINISTRATIVE SUSPENSION CANNOT BE CONVERTED INTO A RESTRICTED "WORK" LICENSE." HOWEVER, FOLLOWING THE ONE YEAR ADMINISTRATIVE SUSPENSION, A MULTIPLE OFFENDER WITH NO REFUSAL ALLEGATION OR INJURIES IN THE CURRENT CASE IS TYPICALLY ELIGIBLE FOR A CLASS C WORK LICENSE IF CERTAIN TASKS HAVE BEEN ACCOMPLISHED. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

7.    Do I have to take DUI classes again?

A CONVICTION FOR DUI WITH A PRIOR DUI WITHIN 10 YEARS OF THE CURRENT OFFENSE TYPICALLY RESULTS IN A COURT ORDER TO ENROLL IN, AND COMPLETE, AN 18-MONTH DUI PROGRAM AT CODDINGTOWN, OR ANOTHER QUALIFYING CALIFORNIA DUI PROGRAM. AS OF 2009, EVEN A WET RECKLESS CONVICTION REQUIRES AT LEAST THE EXTENDED 9-MONTH DUI PROGRAM IF THERE IS A PRIOR OFFENSE WITHIN 10 YEARS. CVC 23103.5(e). CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.

8.    How much are the fines?

CURRENTLY THE FINES FOR A DUI CONVICTION ARE TYPICALLY THE SAME REGARDLESS OF NUMBER OF PRIORS, AND ARE APPROXIMATELY $2200. FINE PAYMENTS IN SONOMA COUNTY USUALLY MAY BE ARRANGED AT THE RATE OF $100 PER MONTH. THE BEST WAY TO AVOID FINES IS TO AVOID THE CONVICTION OR REDUCE THE CHARGES. CONSULT WITH A SANTA ROSA LAWYER ABOUT YOUR SPECIFIC CASE.

9.    What can I do to minimize damage?

REVIEW THE DISCUSSION ABOVE UNDER "WILL I GO TO JAIL" AND CONSIDER THE SUGGESTIONS REGARDING SUBSTANTIAL EFFORTS TO DEMONSTRATE A COMMITMENT TO SOBRIETY. THEN BEGIN ACTIVELY PREPARING FOR LEGAL ISSUES WHICH MAY PREVAIL IN THE CURRENT CASE, BY CAREFULLY REVIEWING THE DISCUSSION ON THIS SITE AT TEN TIPS FOR THE FIRST 48 HOURS AND TEN TIPS FOR FIGHTING A DUI. CONSULT WITH A SANTA ROSA LAWYER ABOUT YOUR SPECIFIC CASE.

10.    What about commercial licenses?

A COMMERCIAL LICENSE HOLDER (CLASS A OR B LICENSE) LIKELY FACES LIFETIME LOSS OF COMMERCIAL PRIVILEGES IF CONVICTED IN SONOMA COUNTY COURT, OR SUSPENDED BY SANTA ROSA DMV, WITH A PRIOR CONVICTION OR SUSPENSION WHERE THE MOST RECENT PRIOR OFFENSE WAS AFTER SEPTEMBER 20, 2005. CVC 15302. THE BEST WAY TO AVOID THIS RESULT IS TO WIN, BOTH IN COURT AND AT THE DMV. CONSULT WITH A LAWYER ABOUT YOUR SPECIFIC CASE.