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Fighting DUI Charges In Stockton And Beyond

Over the past decade, the California Legislature and local law enforcement have made DUI prevention a major priority. As a result, anyone in California who is charged with a DUI may be facing serious criminal charges.

In addition to the possibility of jail time, a DUI conviction can result in a lengthy driver’s license suspension. If you have been arrested for drunk driving, the experienced criminal defense attorneys at Bird & Van Dyke can help.

Effective Representation In DUI Cases

Our attorneys represent clients throughout the Central Valley charged with DUI. We handle all DUI criminal charges as well as the DMV hearings. We provide a vigorous representation and seek the best possible results on behalf of each client we serve. To contact our law office in Stockton, California, call 209-507-0479.

Former Public Defender And Prosecutor

Attorney Bird, a partner at our firm, is a former public defender and prosecutor for San Joaquin County. Her experience handling DUI cases from the perspective of both a prosecutor and a public defender enables her to see weaknesses in the prosecution’s case that may be missed by less experienced attorneys.

Ms. Bird handles all DUI/DWI charges including misdemeanor and felony charges. She also represents juveniles charged with a DUI/DWI.

Frequently Asked Questions About DUI Charges In California

Some questions come up repeatedly, and here are the answers that can help you navigate the legal system.

What are the potential penalties for a DUI conviction in California?

The penalties depend on whether it is a first-time DUI or a repeat offense and whether there were any aggravating circumstances.

For a first DUI, you could face:

  • Fines and fees totaling approximately $1,500 to $2,500
  • Up to six months in jail (though many first-time offenders receive probation instead)
  • A six-month driver’s license suspension (though you may be eligible for a restricted license)
  • DUI education classes for three to nine months

Second and third offenses lead to longer jail time, longer license suspension or revocation, mandatory DUI programs and an ignition interlock device (IID) installation.

If someone was injured or killed or if your BAC was extremely high, the DUI may be handled as a felony, which carries much more severe consequences, including time in state prison.

How will a DUI affect my driver’s license and driving privileges?

After a DUI arrest, two separate processes can impact your license:

  • The criminal case, which could result in a court-ordered suspension
  • The administrative process with the California DMV, which can suspend your license even if you are not convicted

You must request a DMV hearing within 10 days of your arrest to challenge the automatic suspension. If not, the DMV will likely suspend your license for at least four months (first offense). Repeat offenses lead to longer suspensions.

In many cases, you may be able to obtain a restricted license to drive to work or school, especially if you install an IID.

What are my rights during a DUI traffic stop and subsequent arrest?

You have the right to remain silent and to refuse to answer questions beyond identifying yourself. You are not required to perform field sobriety tests or provide answers on whether you have been drinking.

However, if you are lawfully arrested, California’s implied consent law requires you to submit to a chemical test. Refusing this test can lead to automatic license suspension and may be used as evidence in court.

Can I contest or challenge the results of a breathalyzer or blood test?

Yes. Breath and blood tests are not infallible, and their accuracy depends on whether:

  • The equipment was properly calibrated
  • The person administering the test was properly trained
  • The sample was contaminated or mishandled

In some cases, test results can be excluded from evidence if procedures were not followed correctly.

Should I hire a lawyer, and how can they help with my case?

You are not required to have a lawyer, but DUI law in California involves both legal and administrative procedures, and mistakes can be costly. An attorney can explain your options clearly, help you meet deadlines (like the DMV hearing), negotiate for reduced charges and assess whether your rights were violated.

What is the difference between a DUI and a “wet reckless” charge?

A “wet reckless” is a lesser charge sometimes offered as part of a plea deal. It refers to reckless driving involving alcohol, but it does not count as a full DUI conviction – although it can be used as a prior offense if you get another DUI later.

It typically involves:

  • Lower fines
  • Shorter DUI classes
  • No mandatory license suspension (though the DMV may still suspend your license)

It is unavailable in all cases and depends on factors like BAC and driving behavior.

How does a DUI conviction impact my insurance rates?

In almost all cases, your insurance premium will go up — sometimes substantially. A DUI is considered a high-risk driving offense by insurance companies. Some insurers may even drop your coverage.

You will also need to file an SR-22 certificate, which is proof of financial responsibility. This can increase administrative costs and make switching insurance companies more difficult for several years.

Are there programs or courses I am required to attend after a DUI?

A DUI conviction in California requires you to complete a DUI education program, which can range from three months to 30 months, depending on your BAC level and prior offenses.

The court may also require AA meetings, community service or installation of an ignition interlock device on your vehicle. Failing to complete these requirements can result in a probation violation and further penalties.

What are the steps involved in the DUI court process?

The process usually involves:

  • Arraignment
  • Pretrial hearings
  • Trial
  • Sentencing

Alongside this, the DMV hearing is handled separately. In most misdemeanor cases, a lawyer can appear on your behalf without you attending every court date.

Can a DUI conviction be expunged from my record?

In California, if you were convicted of a DUI and successfully completed probation (with all terms met), you can petition for expungement under Penal Code §1203.4.

If granted, the conviction is dismissed from your record, meaning you can legally say you have not been convicted in most employment situations. However, it will still count as a prior offense if you are arrested again for DUI within 10 years.

Contact Us

Protect your driver’s license and your record. Contact an experienced criminal defense lawyer at our firm to provide a vigorous defense on your behalf. To contact our firm, call 209-507-0479, or send us an e-mail.