DUI Attorney Redding
Douglas L. Gardner, Attorney at Law
COMMONLY ASKED QUESTIONS AND ANSWERS
- TYPE OF CASES OUR FIRM HANDLES
I handle many types of cases to bench and jury trials in Redding, California including DUI, Criminal and Traffic.
- WE THINK YOU SHOULD HIRE US IF:
You want a Redding Attorney who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
- OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a Redding Attorney who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
- IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (530) 242-6500.
- THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
- OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
- OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
- IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (530) 242-6500.
California DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
|State||"Per Se" BAC Level||"Zero Tolerance" BAC Level||Enhanced Penalty BAC Level||"Implied Consent" Law|
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, California has DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary in Redding, California.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
California carries "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
California imposes harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above California's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI in Redding, California. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
California DUI Law Highlights: Selected Penalties (Table 2)
|State||Administrative License Suspension/Revocation (1st/2nd/3rd Offense)||Mandatory Alcohol Education and Treatment/Assessment||Vehicle Confiscation Possible?||Ignition Interlock Device Possible?|
|California||4m/ 2y/ 3y||Both (Education if under 21)||3rd offense||Yes|
Note: Persons arrested for DUI in Redding, California will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders in Redding, California can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle confiscation penalties allow a motor vehicle department or Redding law enforcement to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
Contact Us Today!
Douglas L. Gardner,
Redding DUI Attorney
Douglas L. Gardner
Attorney at Law
1650 Oregon St.
Redding, CA 96001
Phone: (530) 242-6500
About Douglas L. Gardner
At the office of attorney Douglas L. Gardner, I have protected the rights of people in criminal law matters for more than 25 years. A former senior deputy district attorney, I know what to expect from prosecutors in criminal proceedings. I can help you anticipate the strategies they will use so that you can take measures in advance to protect your interests.
I will always be upfront with you about any matter related to your case, keeping you updated on all developments and providing you with an honest assessment of your options, as well as your likelihood of success. I will listen carefully to your needs and concerns so that I can formulate a strategy to get the results you seek.
Because of my experience in the prosecutor's office, I know that police and law enforcement officers often violate your constitutional rights, gather evidence without probable cause or fail to properly notify you of your rights before getting a statement from you. I will work hard throughout the process to make certain that the laws and procedures are correctly followed and that justice is served.
Areas of Practice
- 100% Criminal Law
- Criminal Law - Federal (White Collar Crime)
- Litigation & Appeals
- Traffic Violations
- Criminal Fraud
- Drug Violations
- Juvenile Crimes
- Parole & Probation
- Sex Offenses
- White Collar Crimes
John F. Kennedy University School of Law, Pleasant Hill, California
California State University, Chico, Chico, California