DUI Practice Areas

DUI of Alcohol and/or Drugs, Under 21 DUI, Zero Tolerance (Probation Violation), Felony DUI Accident with injury, Felony DUI (Four or more), Refusals, Pilots, Commercial Drivers, Boating Under the Influence Cases, Excessive Speed Enhancement, Evading Police, Child Endangerment, Reckless Driving, Hit and Run, Driving on a Suspended License, Unlicensed Driver, and more.  If you have charges related to alcohol, drugs, DMV, or driving this firm does it all very well.

Any DUI charge where the driver was involved in an accident, at fault, and there was injury to a passenger or other driver, the Prosecution may file as a felony. The injury need not be severe...a mere contusion (bruise) may suffice under the law for the Prosecution to file a felony DUI charge. This violation is governed by Vehicle Code Section 23153(a)(b). The driver deemed "at fault" must have neglected some duty when driving for this to be a felony.

A first offense under this statute entails up to three years in prison, one year license suspension, three to nine month alcohol class, public work service, MADD class, possible interlock ignition device installation, and fines.

A second offense under this statute (with misdemeanor prior DUI within ten years) entails up to three years in prison, three year license revocation, eighteen to thirty month alcohol class, public work service, MADD class, possible interlock ignition device installation, and fines.

A third offense under this statute (with misdemeanor prior DUI within ten years) entails up to four years in prison, five year license revocation, eighteen to thirty month alcohol class, public work service, MADD class, possible interlock ignition device installation, and fines.

These cases are extremely serious and should only be handled by an experienced DUI attorney!

Penal Code Section 1203.4

1203.4. (a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.

(2) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.

(3) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.

(4) This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.

(b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction.

(c) (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.

(2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.

(d) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred fifty dollars ($150), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred fifty dollars ($150), and to reimburse any city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision.

(e) (1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.

(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.

(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.

(g) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.

(Amended Sec. 17, Ch. 285, Stats. 2011. Effective January 1, 2012.)

V C Section 2800.3 Evading a Peace Officer Causing Injury or Death
Evading a Peace Officer Causing Injury or Death


2800.3. (a) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes serious bodily injury to any person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for three, five, or seven years, by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.

(b) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes death to a person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for a term of 4, 6, or 10 years.

(c) Nothing in this section shall preclude the imposition of a greater sentence pursuant to Section 190 of the Penal Code or any other provisions of law applicable to punishment for an unlawful death.

(d) For the purposes of this section, “serious bodily injury” has the same meaning as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code.

Amended Sec. 1, Ch. 256, Stats. 1998. Effective January 1, 1999.
Amended Sec. 7, Ch. 485, Stats. 2005. Effective January 1, 2006.

V C Section 2800.1 Evading a Peace Officer
Evading a Peace Officer


2800.1. (a) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist:

(1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp.

(2) The peace officer's motor vehicle is sounding a siren as may be reasonably necessary.

(3) The peace officer's motor vehicle is distinctively marked.

(4) The peace officer's motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform.

(b) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s bicycle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if the following conditions exist:

(1) The peace officer's bicycle is distinctively marked.

(2) The peace officer's bicycle is operated by a peace officer, as defined in paragraph (4) of subdivision (a), and that peace officer is wearing a distinctive uniform.

(3) The peace officer gives a verbal command to stop.

(4) The peace officer sounds a horn that produces a sound of at least 115 decibels.

(5) The peace officer gives a hand signal commanding the person to stop.

(6) The person is aware or reasonably should have been aware of the verbal command, horn, and hand signal, but refuses to comply with the command to stop.

Amended Sec. 6, Ch. 485, Stats. 2005. Effective January 1, 2006.


V C Section 2800.2 Evading a Peace Officer Reckless Driving
Evading a Peace Officer: Reckless Driving


2800.2. (a) If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.

(b) For purposes of this section, a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.

Amended Sec. 1, Ch. 420, Stats. 1996. Effective January 1, 1997.
Amended Sec. 1, Ch. 472, Stats. 1998. Effective January 1, 1999.

A court may terminate a defendant’s term of probation before its scheduled time in certain circumstances. The applicable statute states:

The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be served thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person so held.

(Penal Code §1203.3, subdivision (a).)

Therefore, two things must be in order for a defendant to be granted early termination of probation: First, the ends of justice must be sub served by such early termination. And second, the good conduct and reform of the defendant must warrant the early termination.

It is well-settled that although the prosecuting attorney must be given a two-day written notice and an opportunity to be heard regarding a defendant’s motion for early termination of probation (Penal Code §1203.3, subdivision (b)), the decision to terminate defendant’s probation early is a matter “for the exclusive exercise of judicial power.” (People v. Allen (1975) 46 Cal. App. 3d 583.) That is, the prosecutor has no “veto power” regarding a defendant’s request that his probation be terminated before the full term has expired. (Id.)

For DUI cases, once probation is terminated, there is no more Zero Tolerance as it relates to driving with any measurable amount of alcohol or drugs in your system.

DUI Client Reviews

Joshua Price; The Lawyer Who Saved My Career
“As a government employee at a state correctional facility I thought my life was over when I was charged with a felony DUI."

I will always be grateful.
"I personally got my DUI dismissed in its entirety.  All the back up research I did for SR-22 and bus routes and everything I was able to completely let off my shoulders because of Josh."

Awesome guy, and hell of a hard worker!
"He was honest with me when need be and patient to walk me through the ins and outs of each detail pertaining to the whole craziness of getting a DUI."

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