A driving under the influence of alcohol conviction formally known as a violation of California Vehicle Code section 23152 (a) (b), will in most situations result in informal probation for three years and a court fine of approximately $2,200 and a three month alcohol program that meets once a week for two hours. This program costs between $450 – $600. The conviction also results in two points on the DMV record. In addition to the costs of court fines and alcohol program fees, there is also the increase in insurance fees that a DUI conviction will result in. In addition, there is a new law that went into effect January 1, 2019. California Vehicle Code Section 23575 mandates that any plea of guilty to, or conviction of, a violation of VC23152(a) or (b) – DUI, will result in the mandatory installation of an IID device in any car owned or operated by the defendant. The court can order the instillation of this interlock ignition device for up to three years. This requirement adds an additional expense and is obviously somewhat inconvenient for the driver. The device must be blown into before starting the vehicle and any detection of alcohol will keep the engine from engaging. On long trips, there will be intermittent disruptions, requiring stopping the car and blowing again. This law does not apply to any DUI that occurred before 2019 even if convicted on or after January 2019. Only arrests of and convictions for DUIs after 1/1/2019. The one benefit of the new law is that unlike prior to it’s inception, there is no 30 day waiting period to obtain a driver license. It can be obtained immediately upon enrollment in the first offender program and with proof of installation of the IID device.
A conviction of VC 23103 pursuant to VC 23103.5 also known as a “Wet Reckless” and/or “Alcohol Related Reckless Driving” may save you a lot of money and inconvenience when compared with a conviction for a standard DUI conviction. Even though it is still two points on your DMV record and is priorable for ten years, the fine is one half the fine of a standard DUI. Though it will affect you insurance negatively, it will not be as drastic as a DUI convictions. Your insurance company will realize that the conduct was not as serious. In addition to saving money on the court fines and fees and the lesser increase on insurance, you may also be able to save money by enrolling in a shorter 12 – hour alcohol program as opposed to the standard 3, 6, or 9 month first offender program. If the driver prevails at the DMV hearing and the Department of Motor Vehicles does not suspend the driver license of the defendant then the 12 hour class can be substituted for the longer programs. If however, the DMV suspends the license at the hearing, a three month class will be required for even a “wet reckless” conviction. Obviously the shorter program is less expensive and will generally save you around $200. One more upside to getting a “wet reckless”: the DMV will not require you to install the interlock ignition device which requires around a $150 down payment on the installation of the device and a monthly service fee of around $35 dollars. There are IID installation service that are offering package deals that will do it for free if you also use them for your auto insurance services.
The difference between a DUI conviction and WET RECKLESS/ALCOHOL RELATED RECKLESS DRIVINGs conviction can save you thousands of dollars if you total up the insurance increases, court fines, alcohol program fees, and interlock ignition device installation fees. Hiring the right attorney with experience can pay for itself many times over. Always seek legal advice before appearing in court as it regards driving under the influence cases. And remember, it is best to consult with an affordable DUI lawyer right away because the DMV only gives a 10 day window from the date of arrest to request a DMV hearing contesting the suspension of your license.