(1) No Prior Conviction Within Seven Years: Between $ 390 and $ 1,000. (2) One Prior Conviction Within Ten Years: Between $ 390 and $ 5,000.
(3) Two or More Prior Convictions Within Ten Years: Between $ 1,015 and $ 5,000.
(4) In All Cases: Additional penalty assessment of $ 50 for alcohol abuse education and prevention program. Additional assessment of up to $ 50 for cost of blood-alcohol testing, in authorizing counties, and, in most counties, based on ability to pay. Additional assessment of up to $ 100 for county alcohol and drug problem assessment program, in authorizing counties, based on ability to pay.
NOTE REGARDING MOTIONS TO SUPPRESS EVIDENCE:
The motion to suppress evidence must be filed and served (not heard) within 45 days of arraignment for you to preserve your client’s right to an interlocutory appeal (meaning the client will not have to submit / be found guilty before an appeal may be filed. See Penal Code §1538.5.
Penalties for Other Criminal Offenses Involving Under the Influence Offenses:
Statutory Drunk Driving Presumptions:
If the alcohol level was less than 0.05 percent, it will be presumed that the defendant was not under the influence of alcohol;
If the level was 0.05 percent or more, but less than 0.08 percent, there shall be no presumption either way.
A blood-alcohol level of 0.08 percent or more gives rise to a rebuttable presumption of intoxication.
A blood-alcohol test has a margin of error of 0.005 percent and the test indicates an alcohol content of precisely 0.08 percent, thus it is error to