What You Need To Know About Drunk Driving In California

Driving under the influence of drugs or alcohol is a very serious criminal offense. A DUI conviction may result in substantial jail time and severe fines and fees. Being arrested for a DUI is just the beginning of a long process. Other than the criminal case you will face, you must also answer to the Department of Motor Vehicles (“DMV”), which will attempt to suspend or revoke your driving privilege.

The most common DUI occurs when the driver’s blood alcohol concentration (“BAC”) is at 0.08% or higher at the time of driving. However, a driver can still receive a DUI if his or her BAC is lower than 0.08%. California Vehicle Code Section 23152(a) states that it is unlawful for any person who is “under the influence” of any alcoholic beverage and/or drug to drive a vehicle. It does not say that the driver’s BAC needs to be 0.08% or higher. A driver is considered “under the influence” for purposes of California Vehicle Code Section 23152(a) when his or her mental or physical abilities are so impaired by drugs and/or alcohol that he/she is no longer able to drive a vehicle with the same caution as a sober person using ordinary care under similar circumstances.

Outside of your DUI case in court, you must also worry about the DMV suspending your driver’s license. After an arrest for DUI, the driver has only 10 days from the date of arrest to schedule a DMV Hearing to contest the suspension of his or her driver’s license. A DMV hearing is an administrative process that is separate and distinct from the criminal charges. If you do not schedule a DMV hearing, your license will be suspended for a proscribed period of time, and you will waive your right to have a DMV hearing in the future.

Being arrested for drunk driving can be a very stressful time in one’s life. We know what it’s like to go through a DUI ordeal, but we also know how to get the best result for our clients in each DUI case. If you or a loved one has been arrested for DUI, it is critical that you speak with an experienced DUI attorney immediately. Call us today at (888) 749-0034 to speak with our attorneys. We will be there when you call.

California Injury Blog