Law Office of April Van Dyke
331 J Street, Suite 200
Sacramento, CA 95814
Phone: 916-504-2640
Fax: 916-400-2612

April Van Dyke grew up in Napa, California where she attended Napa High School. After high school April attended the University of California, Berkeley, where she majored in Political Science. While attending Berkeley April worked for a Congressman where she worked on various immigration issues.

After April graduated from Berkeley she attended University of the Pacific, McGeorge School of Law. During her time at McGeorge she received the Witkin Top Honors in Trial Advocacy and many other academic awards. April graduated McGeorge with distinction and as a member of the Traynor Honor Society.

April have worked on several family law, criminal, and property matters. She has diverse courtroom experience appearing in many different county courts and the federal court for the Eastern District of California. April Van Dyke has experience with motions to suppress evidence, preliminary hearings and jury trials. April has also have conducted various trials including unlawful detainers and criminal trials. Before April started her firm she worked for the San Joaquin and Sacramento District Attorneys’ Offices and the U.S. Attorney’s Office.

Law Offices of April Van Dyke

Sacramento DUI Lawyer

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
California	.08	.01	.15 & .20	Yes

DEFINITIONS:

"Per Se" Blood Alcohol Concentration (BAC) Level

As of August 2005, all states have 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.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level

All states carry "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

Many states impose 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 their state'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. 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 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.

DEFINITIONS:

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 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.

Vehicle Confiscation

Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency 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.

Ignition Interlock

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.