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California DUI Laws and Your Rights

California DUI law sets the maximum legal blood alcohol level allowed while operating a vehicle at .08%. Motorists convicted of misdemeanor DUI, in which no bodily injury or property damage occurred, face up to a one year maximum jail term for their first offense. However drunken driving occurrences which result in bodily injury or property damage are felonies under California DUI law and have much longer, harsher jail sentencing attached.  An attorney is recommended for even misdemeanor DUI charges which can result in license suspension, high fines and possible jail time.

• Consequences of Refusing Chemical Tests
• Obtaining a Temporary License
• Miranda Rights and Your DUI Case
• Contact Our California DUI Defense Law Firm

Consequences of Refusing Chemical Tests

California DUI law allows an individual to waive any field sobriety tests without penalty. However, refusal to submit to a chemical test to determine sobriety incurs serious consequences, such as an automatic one year suspension of a driver’s license.  A police officer is obligated to advise a motorist of the consequences of refusing to submit to a breathalyzer or blood test, although the individual is guaranteed the right to choose which chemical test is administered under California DUI law.  If a police officer does not inform a motorist under suspicion of DUI of the penalties of waiving a chemical test, the license suspension can then be challenged by an attorney under the “challenge to implied consent warnings” defense.

Obtaining a Temporary License

If a chemical test, once administered, indicates that a driver is legally intoxicated under California DUI law, their driver’s license can be immediately confiscated and replaced by a pink temporary license. However, an individual has the right to request a hearing before the Department of Motor Vehicles within ten days of being issued a temporary license. If an individual is unaware of this, however, and does not file a hearing request within ten days, they are considered to have knowingly waived this right and license suspension begins on the thirtieth day after the arrest was made.  A California DUI law attorney could advise you of this right and possibly avoid license suspension prior to a conviction.

Miranda Rights and Your DUI Case

Under California DUI law, the failure of an officer to inform an individual of their Miranda rights, or their “right to remain silent” does not result in automatic dismissal of the case. Instead, any incriminating statements made during and after the arrest can be non-admissible as evidence as they were not collected legally.

Contact Our California DUI Defense Law Firm

California DUI law is quite complex and have varying degrees of penalties and possible defenses against evidence collected. An experienced DUI defense attorney can help individuals navigate through these legalities in a way which is specific to their specific circumstances and needs.  At Kerry Steigerwalt's Pacific Law Center, our attorneys have over 150 years of collective experience. Contact us for a free consultation on your DUI case.

Get more detailed information about DUI in California and the charges you may face by exploring Kerry Steigerwalt's Pacific Law Center’s free DUI resource.

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Types of DUI / DWI Cases

California DUI Laws

DUI Testing

DUI Consequences in California

DUI Defenses

Frequently Asked DUI Questions

Choosing a DUI Lawyer