(831) 515-8806 info@duisantacruz.org

When a DUI enters your life it can generate many questions for you. Here are answers to some of the most common questions people have about DUI cases.

I've Been Arrested For DUI...Now What?

✅ Request A Hearing With The DMV Within 10 Days

This is a time-sensitive situation!

After you have been arrested for DUI, the arresting officer is required to notify the Department of Motor Vehicles. The officer may immediately confiscate your license and issue you a temporary driver’s permit that allows you to drive for 30 days.

You have ten days from the date of the arrest to schedule a DMV Hearing to contest the suspension. Failure to request a DMV hearing within the ten days will result in the automatic suspension of your license.

Contact A DUI Attorney

It’s a good idea to contact an experienced DUI lawyer in Santa Cruz as soon as possible to discuss your case. I’m always available for a free 30-minute phone consultation: (831) 515-8806 or click here to schedule online.

To learn more about your options in a DUI case in Santa Cruz click here.

Is A DUI Really That Serious?

A DUI is not a traffic ticket that can be easily dismissed. It’s either a misdemeanor or felony offense, depending on the circumstances.

Consequences may include:

  • Driver’s License Suspension
  • Probation
  • A Drinking/Driving Class
  • Increased Auto Insurance Rates
  • Jail Or “Work Release”

Charges and penalties increase if there’s an accident, an injury, or a high blood alcohol level.  A conviction for a DUI will appear on a person’s permanent criminal record.

What Are The Consequences Of A First-Time DUI Conviction?
  • Fine Of Approximately $2,500
  • License Suspension (6 months)
  • California SR22 Insurance Required for Restricted License
  • Must Complete a Driving Under the Influence Program (3 months or longer for higher BAC)
  • 48 Hours To 6 Months In Jail Or In A Custody Alternative Program
  • 3 To 5 Years Court Probation

Penalties can vary based on aggravating factors such as high blood alcohol, an accident, injury, or a minor present in the car.

What Are The Consequences Of A Second DUI Conviction?
  • Fine Of Approximately $2,500
  • License Suspension (1-2 Years)
  • California SR22 Insurance Required for Restricted License
  • 18-Month Driving Under The Influence Class
  • 96 Hours To 1 Year In Jail Or In A Custody Alternative Program
  • 3 To 5 Years Court Probation

Penalties can vary based on aggravating factors such as high blood alcohol, an accident, injury, or a minor present in the car.

What Is A Wet Reckless?

A wet reckless is a lesser charge, which may be obtained through pre-trial negotiations. It may be an option if a person’s Blood Alcohol Level (BAC) is close to the legal limit. If a plea agreement is reached, then the complaint is modified from a violation of Vehicle Code section 23152(a), DUI,  to a violation of Vehicle Code section 23103 (reckless driving), pursuant to Vehicle Code section 23103.5 (“with alcohol involved.)

A wet reckless is only potentially available as a pretrial plea bargain. If a person goes to trial on a DUI, they can be found not guilty or guilty of that offense—they cannot be convicted of a “wet reckless.” 

Whether a wet reckless is a positive option for you depends on the facts and circumstances of your individual case. Some of the potential benefits of a wet reckless are reduced fines, a shorter class, and a shorter jail sentence.

In addition, a conviction of a “wet reckless,” does not automatically lead to a suspension of driver’s license suspension. This may or may not be significant, depending on the outcome of a separate DMV hearing. However, a wet reckless still counts as “priorable” offense that can be used against you in a subsequent case to increase sentencing and collateral consequences.

I will carefully evaluate your case with you and help you decide what options are available.

Call Now!
(831) 515-8806

Real Case Outcomes

First Time DUI

Plea To Wet Reckless

DUI Plea Bargain - Santa Cruz CA Lawyer

The client was charged with violations of Vehicle Code sections 23152(a) and 23152(b). BAC of 09/.10%. Client stopped for weaving within the lane. Positive alcohol test on both preliminary and evidentiary breath testing machines. After negotiation with the DA, resolved for wet reckless with reduced fines.

First Time DUI

Refused To Complete Chemical Test

DUI Not Guilty Verdict - Santa Cruz CA

The client was stopped for tinted windows and loud music. The officer noted in his report she had red watery eyes, slurred speech, the odor of alcohol and an unsteady gate. According to the report the client did not perform satisfactorily on the field sobriety tests. The client’s license was suspended by the DMV for the refusal to submit to a chemical test. However, after jury trial, she was found not guilty of the DUI.

First Time DUI

Plea To Reckless Driving

DUI Plea Bargain - Santa Cruz CA Lawyer

The client was charged with driving under the influence of marijuana. According to the officer, client almost hit his patrol car. Client admitted recent marijuana use to officer and did not perform satisfactorily on the field sobriety tests. The case went to trial and the jury was hung. The DA subsequently offered a reduced offer and the case resolved for a plea to reckless driving..

“I had a DUI charge and a commercial driver’s license at risk. I got Rick Gazipura as my attorney and he did a great job against an Assistant District Attorney hell bent on getting a guilty verdict. I had 5 additional charges added on months later, some quite serious.

“In the end, we went to a jury trial. Mr. Gazipura brought in a great forensic scientist and I was found ‘not guilty‘ on the DUI charge. All other charges were dismissed except for ‘dry reckless driving,’ for which the judge gave me the minimum fine. Mr. Gazipura is a great attorney!”

Cliff M.

“My DUI marked the end of a very tough chapter in my life. I found myself facing serious repercussions. Needless to say, I was really scared. Mr. Gazipura with his extensive knowledge and calm demeanor made me feel immediately better about my situation. He was so compassionate and caring, I knew right away I was in good hands.

“In the end, everything worked out really well. I’m so grateful to Mr. Gazipura for his hard work on my behalf! 5 stars and 10/10, I would recommend him to anyone.”

Rose T.

“I was being charged with a DUI and with the help of Mr. Gazipura I was found ‘not guilty’ after the trial. Mr. Gazipura listened to me, was thorough in his research of the case, was knowledgeable of the law and the standard procedures of DUI testing, brought in expert witnesses, and with his calm demeanor won the case.

“I’m so grateful to Mr. Gazipura for the positive outcome of my case as it has allowed me to begin my professional career without difficulties. I would recommend Mr. Gazipura to anyone facing legal trouble.”

A. C.

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