Drunk Driving DUI Law

A California DUI charge can turn an accused drunk driver’s life to ruins. The accused driver is suddenly required to understand the California criminal court system and act quickly to protect his or her California driver’s license.

California DUI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Although both cases are extremely serious, the DMV case is far more time-sensitive.

Motorists accused of drunk driving in California have only 10 days from the date of their DUI / DWI arrest to request a hearing with the DMV.

The criminal case filed against California DUI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b).

The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are “unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.” This is the legal standard for being considered under the influence of alcohol or “DUI” in California courts.

The second count, known as the “per se” charge, concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Based purely on body chemistry.

Even motorists licensed in other states who are arrested for DUI / DWI in California must request a California DMV hearing to protect their driving privileges.

California is one of 45 states that participate in the Interstate Driver’s License Compact, an agreement to share information about DUI or DWI convictions and driver’s license actions with other member states.

California has a DUI / DWI “washout” period of 10 years, calculated from arrest date to arrest date. This means that anyone arrested for drunk or drug driving within 10 years of the last arrest date will be charged with a second offense, with increased penalties and punishment.

The punishment in court for a second or third drunk driving conviction is much harsher than for a first offense – a multiple-offense drunk driving conviction carries mandatory jail time, an 18-month alcohol education program, a required ignition interlock device (such as Smart Start), and more.
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The Consequences you face from a California DUI can be devestating as you may already know. Since it is vital to find an affordable and experienced DUI lawyer when convicted with DUI or DWI in California;be sure to visit the California DUI lawyer directory.