1564 First Street, Napa, CA 94558 • 707-252-8644 • onecal1@saber.net
DRIVING UNDER THE INFLUENCE in Napa County
Napa may be Wine Country but law enforcement is strict on drinking and driving. Thousands of people come to the Napa Valley to enjoy a wonderful vacation. Unfortunately some find themselves involved in the criminal justice system. The most common way to the courthouse is by driving under the influence.
If you were arrested in Napa County for “driving under the influence” (DUI-California Vehicle Code section 23152), you were probably released with various documents. Just the arrest for a DUI can adversely effect not only the privilege to drive in Napa County but for any state’s license one might have. It is important to contact the California Department of Motor Vehicles quickly, usually within 10 days. And that is day days, not business days and yes even holidays count too. The actions of the DMV are in addition to and separate from the arrest. The DMV action is separate and apart from the court action which will require an appearance in court.
In California a person accused of a misdemeanor has an absolute right to have an attorney appear in court (California Penal Code Section 977). Personal appearance is not necessary as long as adequate arrangements for an attorney to appear have been made prior to the first court date.
While a misdemeanor DUI can carry up to one year in jail, standard penalties for first time driving under the influence in Napa County are: 5 years of a summary probation, 2-4 days on jail work program, $2,000. 00 in fines and participation in a class for drinking drivers (DDP). The DDP classed required by the court are the same DDP classes the DMV requires if there is a DUI conviction.
Of course, an arrest for DUI is merely an allegation and there is a presumption that one is innocent until proven guilty. The District Attorney’s Office must have enough evidence to prove a DUI “beyond a reasonable doubt”. An experienced attorney can review police reports, check accuracy of any testing devices, and evaluate the legality of the stop. While it may be a routine DUI, we understand that it is far from routine when it’s you that has been arrested.
James Jones has been practicing IN NAPA for years. The Law Offices of James V. Jones is not some out of town “mill” and you won’t see any slick “jail mail” from us. We are a small Napa firm. Our attorneys James V. Jones and David Gracia are able to handle a variety of legal matters.
