top 10 questions: From Minors and Parents
From Everyone | From Minors/Parents | From Multiple Offenders | From Non-Residents
- Can I drive now?
- Can't we just make this go away?
- What if I was below .08% alcohol level?
- Will my insurance be affected?
- Will I go to jail?
- How much are the fines?
- Will my license be suspended?
- What If I'm Under 18 Years Old?
- Will I Have A Criminal Record?
- What If I Have A Prior DUI?
If someone is validly licensed and insured prior to a Napa County DUI arrest, and if the police officer took the arrestee's license, confiscated it, and failed to return it to the driver, and instead handed them a "Pink Temporary License," then typically most people may drive with that pink temporary license for 30 days from the date of arrest. This rule or allowance usually is not affected by the age of the driver.
In most cases a local Napa DUI attorney can help extend that first 30-day pink license for at least another 30-90 days or more, until we know the outcome of any license suspension exposure in the Napa DUI case (both in court and at the separate DMV hearing). In addition, the best Napa DUI lawyers can, and do, beat DMV cases, avoiding any required time off the road at all.
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 Contacting the DMV, and here under Getting Your License Back for the minor's Critical Need License, and click on Anatomy of a DUI on this site for a typical view of the entire DUI process. Consult with a Napa County DUI lawyer about your specific case.
The honest answer from a knowledgeable, local Napa County DUI attorney is, "sometime yes, sometimes no," but rarely, if ever, because the accused is "a good kid with a bright future who has never been in trouble before," or even "a good kid who's had a tough time and needs a break." Instead, the way to make a difference is with leverage and legal defenses.
Napa DUI lawyers understand that prosecutors want punishment and convictions. But all criminal cases may be fought in court, and cases at the DMV may be fought too; many defenses available to adults in court and DMV are also viable in DUI cases involving minors and juveniles. In addition, some under-21 zero tolerance DUIs in Napa County may be bargained lower or dismissed by using creative resolutions, especially when alcohol levels are lower. The best Napa DUI lawyers may be able to get misdemeanors reduced to lesser misdemeanors or infractions, infractions may be diverted out of the courts altogether, and other types of resolutions short of a conviction may be obtained.
You may wish to consider some of the suggestions for addressing issues which gave rise to a DUI or other alcohol or drug-related offense, and better position yourself or your minor for a favorable court resolution, by reviewing the information under "Fixing Trigger Problems" on this site at Ten Tips for the First 48 Hours. In addition, Napa DUI 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 Napa County DUI lawyer about your specific case.
Understand that zero-tolerance cases mean that minors can be significantly below .08 and still be found guilty of violating the zero-tolerance law which prohibits any alcohol at all when driving, even below the adult .08% legal limit.
However, good Napa DUI lawyers will explain to you that, depending on the facts of a particular case, the lower the breath or blood alcohol levels, the better the DUI case, and if the alcohol levels are below .08%, then it is less likely that the Napa 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 Napa DUI lawyer in court (and at DMV if necessary) to attempt to avoid a DMV suspension as well. Consult with a Napa County DUI lawyer about your specific case.
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 Napa County court to the Napa DMV. Therefore it is critical to rely on a Napa DUI attorney to analyze a specific case and try any applicable creative strategies to avoid an alcohol-related conviction which might otherwise 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 company, and to consider other special alternatives suggested by a Napa DUI attorney who knows the complexities brought to a family with a young DUI offender on the family policy, and the importance of avoiding steep insurance bills which are typically expected after a DUI conviction. For the specific, added insurance filing required following any DUI conviction and many other types of DMV suspensions, see our Napa DUI lawyer discussion here about the SR-22 Requirement. Consult with a Napa County DUI attorney about your specific case.
The best Napa DUI attorneys will answer that, in Napa 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 five years informal probation. Many under-21 Napa DUI cases may resolve with better results (for example an infraction dismissed following diversion-type efforts, or a "wet reckless") and likewise many Napa DUI cases may resolve with higher penalties.
If a jail sentence is ordered, then most first and second DUI offenders in Napa County can avoid serving actual jail time through alternatives such as “volunteer” work through the Sheriff's Department or home confinement.
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 local Napa DUI lawyer about your specific case.
- 6. How much are the fines?
- 7. Will my license be suspended?
- 8. What If I'm Under 18 Years Old?
- 9. Will I Have A Criminal Record?
- 10. What If I Have A Prior DUI?
Knowledgeable local Napa DUI lawyers should tell you that a typical misdemeanor DUI fine in Napa County is approximately $2100. However, if the case is reduced or dismissed, the fine exposure may drop sharply; for example, a typical "Wet Reckless" reduction is usually around one-half of the fine in a regular Napa DUI case, or around $1250. A typical minor zero-tolerance infraction DUI case would result in an even smaller fine.
If the case cannot be reduced or dismissed, then in order to ensure that a DUI does not cause an immediate and substantial financial burden on the defendant, the best Napa DUI attorneys always obtain affordable monthly payments as little as $50 per month for our clients if paying the full fine at once would constitute a hardship on you or your family. Of course the best way to avoid DUI court fines is to beat the DUI charges. Consult with a Napa County DUI lawyer about your specific case.
Napa DUI lawyers should answer, "not necessarily right after a DUI arrest," but in a typical zero-tolerance case with no viable or successful defenses, a minor's drivers license is usually suspended for a minimum of one year after a conviction or a separate DMV adverse finding.
The best Napa DUI attorneys may offer to substantially delay any license suspension for a client under age 21 if contacted early enough in the case, and in some cases a local Napa DUI lawyer 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 Napa 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 Napa DMV if certain hardships can be shown. The best Napa County DUI lawyers know that the most important hardship which must be demonstrated is that public transportation is wholly inadequate (not just sorely inconvenient) to accomplish safe and practical travel to school, work or medical care of a family member.
This type of license following a Napa DUI is one of a variety of special restricted driving privileges provided for special needs to minors, the elderly, commercial drivers, out of state residents, etc. Click on our Napa County DUI Lawyer discussions under Ten Tips for Getting Your License Back from DMV on this site for more detailed information about getting your license back in this and many other situations. Consult with a Napa DUI lawyer about your specific case.
Juvenile DUI's are usually treated differently than adult DUIs in Napa County. The juvenile probation department in Napa 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 from Sonoma County. A Napa DUI attorney may usually accompany the juvenile and parents to this probation interview.
A decision will be made whether to recommend Napa County juvenile court proceedings at the Juvenile Court Facility at 2350 Old Sonoma Road in Napa. If the case proceeds to a juvenile DUI finding, then expect a typical Napa County Juvenile DUI Sentencing Order, which may include formal probation (reporting to an assigned probation officer, random search & seizure terms, & random drug/alcohol testing), community service, one-year license suspension, DUI youth classes, CHP Start Smart program, and a fine.
According to the Napa Probation Department, local law enforcement agencies refer non-detained juvenile offender cases for evaluation of the circumstances of the offense. Minors who allegedly commit offenses for which they are detained are also evaluated. Upon further investigation of the offense, the probation officer may refer the action to the District Attorney’s Office to file a petition. The minor may be eligible for diversion and enter into contract with the Police Department or Informal Probation within the Probation Department prior to the filing of a petition. Should the minor fail at Informal Probation, the probation officer may request the District Attorney’s Office take action by filing a petition. Written and oral probation reports are prepared by the probation officer for the Napa County Juvenile Court, which contain criminal and social history information, victim information, and recommended dispositions as mandated by the Welfare and Institutions Code.
Although juvenile criminal records in Napa may be sealed at age 18, DMV records will continue to show juvenile DUI suspensions (typically one year) for at least 10 years following a Napa 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 local Napa DUI lawyer about your specific case.
Honest Napa DUI attorneys will tell you that every DUI case is unique, with different facts, different defendants, different arresting officers, etc. One can never know at the beginning of any DUI case what the end results will be, and whether a criminal record will exist. For example, an infraction dismissed after successful completion of certain tasks will not result in any record of conviction but may still cause a negative entry on the separate DMV record unless we also prevail in that separate matter.
By contrast, a reduction from a DUI to a misdemeanor "Wet Reckless" conviction typically will permanently remain on a criminal record, unless it is a later-sealed juvenile conviction. Note that one should always consider sealing a juvenile record as soon as possible following any adverse juvenile court findings, although juvenile DUI entries still remain on the DMV driving record. But for non-juvenile DUI misdemeanors, see also our Napa DUI Lawyer's discussion of DUI Expungements which, once obtained, allow non-disclosure on most private employment applications.
A compromise may be a minor's DUI zero-tolerance conviction under California Vehicle Code Section 23140 or 23136, because these are infraction charges, arguably not crimes at all, and therefore arguably not subject to disclosure on employment or housing questionnaires or to immigration consequences. See, People v. Battle, 50CA3dSupp.2, see also Wikipedia Infraction Definition, see also, ILRC Excerpt.
The best Napa DUI lawyers prioritize complete dismissal, or the least impactful result to minimize consequences to a minor's future by reducing or eliminating consequences in court and at DMV. Consult with a Napa County DUI attorney about your specific case.
The best Napa DUI lawyers will explain that one of the most important factors in determining the seriousness and penalty exposure of a present DUI arrest is the existence and number of prior arrests and convictions. Prior DUI convictions invite the prosecutor to seek substantially more jail, DUI classes and more intrusive probation terms. In addition, a minor with a prior alcohol-related DMV suspension usually faces a drivers license suspension with extended duration but no further eligibility for the critical need restricted license for work or school, regardless of hardship to themselves or family.
If a prior conviction was for an .08% or higher DUI, and the current Napa County charges also allege a full DUI at or above .08%, then a good Napa DUI lawyer would typically warn that a minor defendant should expect to face the same increased penalties in the new DUI case as an adult, including at least 30-90 days of jail (or jail alternatives with a very good Napa DUI attorney), and the 18-month multiple offender DUI program classes. Juvenile (under age 18) prior DUIs can substantially affect both charging and sentencing outcomes (although not usually license suspension consequences at DMV).
Different combinations of juvenile DUIs and over-18 zero tolerance minors DUIs can (and should) make a difference in the outcome of the current matter, as well as different combinations of below .08% and above .08% cases. Additional factors affecting the outcome of the current matter include the recency of the prior DUI offense and any probation violation allegations, as well as the degree of impairment and driving behavior, and any demonstrable efforts to demonstrate a commitment to sobriety. Consult with a Napa County DUI lawyer about your specific case.