California DUI / DWI / Drunk Driving Law

A California DUI / DWI charge can turn an accused drunk driver’s life upside-down. The accused driver is suddenly required to understand the California criminal court system and act quickly to protect his or her CA driver’s license. A skilled California criminal defense attorney who focuses on driving under the influence (DUI / DWI) cases can navigate the system for their CA DUI / DWI client to ensure that his or her rights are protected.
 California DUI / DWI 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. Anyone arrested for DUI or DWI in California who doesn’t request a hearing within 10 days will have his or her driver's license suspended automatically on the 30th day following their drunk driving arrest.
The criminal case filed against California DUI / DWI 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. Whether the motorist seemed to be driving perfectly before the traffic stop or performed field sobriety tests with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.
Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver's license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing. The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license. A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.