DUI Law

Driving under the influence of alcohol or drugs is a serious offense in any state. California's DUI laws have changed in recent years, so it is important to know your legal rights and obligations. If your blood alcohol level is over the legal limit of .08% in California, you could face fines, license suspension or restriction, jail time, or probation. Needless to say, a DUI conviction is a serious offense.

One thing you will want to be clear on is the definition of driving. Some of the things that could determine this is whether the car's engine was running or not, where the keys were located, where the driver of the car was located, whether the vehicle was on public or private property, what time of day or night it was, and what the defendant's version of the events were.?

While someone stopped at a sobriety checkpoint is not required by law to submit to a field sobriety test (unless under the age of 21), a police officer does have the option of placing that person under arrest if he or she believes there is probable cause for doing so. After an arrest, a suspect is then required to submit to breath or blood tests.?

In California, a DUI arrest triggers two separate actions – one by the DMV, and one by the courts. In the DMV action, a person's driving privileges are at stake. When someone is charged with drunk driving in California, that individual has only ten days to request a hearing with the Department of Motor Vehicles for a hearing in order to prevent having his or her driver's license suspended.?
In the court action of a DUI arrest, a variety of things could happen:

For a first offense - you could be facing fines, license suspension, drug/alcohol rehab programs, and/or jail time.?

Second offense - more of the above, but expect even stiffer consequences.

A lawyer who has experience in this area of the law can give you legal advice that will assist you with matters such as DUI, and will ensure that the judicial process is properly followed. An attorney who specializes in DUI law represents those who have been cited for driving under the influence of alcohol or drugs. Drunk driving cases can be successfully defended, but it takes the expertise of an experienced DUI lawyer.?

As in any area of the law, it helps to be informed. We hope you will find the links below helpful.