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DUI in California: Detailed Information about Laws and Charges

DUI in California is the official charge for an individual driving under the influence of “intoxicating liquor or drugs”, and is akin to the DWI charge in other states. DUI in California, however, does not only apply when an individual is “drunk,”but also when the individual exceeds the legal blood alcohol limit allowed by California law, which is 0.08%. There are two vehicle code sections in California law pertaining to DUI. Vehicle Code Section 23152(a) states, “It is unlawful for any person who is under the influence of an intoxicating beverage, or under the combined influence of an alcoholic beverage or drug to drive a vehicle”. Likewise, pertaining to DUI California law, Section 23152(b) states, “It is unlawful for any person who has a 0.08 percent (BAC) or more by weight to drive a vehicle”.

• Felony and Misdemeanor DUI Charges
• DUI Arrest and Your Rights
• Field Sobriety and Chemical Testing
• Driver’s License Consequences
• Contact Our DUI Defense Law Firm in California

Felony and Misdemeanor DUI Charges

However, there are different severities to DUI charges in California, determined by any bodily injury or property damage caused as a result of driving while under the influence. For instance, a misdemeanor DUI in California is one in which the motorist was found to have a blood alcohol level over the legal limit, but was arrested without having caused any bodily injury or property damage as a result of their actions. The maximum jail term for a misdemeanor DUI in California is one year. However, felony DUI in California occurs when there has been personal injury or property damage and range in jail time according to severity of incident. If death occurred as a result of driving under the influence, vehicular manslaughter charges may be levied in addition to felony DUI charges.

DUI Arrest and Your Rights

Before an arrest can be made for a DUI in California, there are steps which must be taken by the police officer(s) to determine whether a motorist was driving while intoxicated. During this process, it is crucial that an individual knows and understands his rights in order to avoid incriminating himself, and in order to help a California DUI attorney in preparing the best possible defense.  For example, motorists stopped in California for suspected DUI are allowed by law to refuse any field sobriety tests and are not allowed to have an attorney present until an arrest is made. However, if arrested for DUI in California, it is important to contact a lawyer immediately following the arrest so steps may be taken to minimize any penalties.

Field Sobriety and Chemical Testing

Motorists stopped in California for suspected DUI are allowed by law to refuse any field sobriety tests and are not allowed to have an attorney present until an arrest is made. However, if arrested for DUI in California, it is important to contact a lawyer immediately following the arrest so steps may be taken to minimize any penalties.

Unlike the field sobriety tests, chemical test refusal has steep consequences including a possible twelve month suspension of driver’s license. However, the police officer on the scene should advise the motorist of the consequences to chemical testing refusal. Failure by an officer to do so can enable an attorney to try and suppress the results under the “challenge to implied consent warnings” as outlined by DUI California law.

Driver’s License Consequences

One component of DUI California law is the immediate revocation of driver’s license upon arrest. At this time, a police officer may provide a motorist with a pink temporary license in place of the confiscated one.  When this occurs, a motorist must file for a DMV hearing within ten days of receipt. Failure to do so will be considered a waiver of this right and the license suspension will begin thirty days following date of arrest.  A licensed attorney well versed in DUI California law can advise you to exercise this right and avoid unnecessary suspensions.

Contact Our DUI Defense Law Firm in California

DUI law in California can be quite complex and if not approached correctly can result in steeper fines or higher penalties than if challenged by an attorney. Kerry Steigerwalt's Pacific Law Center can provide you with a free consultation from one of our experienced attorneys. Contact us today.

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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