California DUI

A California DUI can be a very stressful, costly, and long lasting experience. If you've just been arrested for a California DUI there are a few things you need to be aware of.

First, you need to understand the charges that are being brought against you. To do that you should check the citation paper that was given to you by the police officer. Most likely you are being charged with:

23152 . (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

In most every California DUI case the accused is charged with both the (a) and the (b). California DUI law also allows the accused to be convicted of both the (a) and the (b) but only punished for one of the offenses. The (a) part of the offense is what most people think of when they hear the term drunk driving. That is that the person was significantly impaired by alcohol or drugs while operating a motor vehicle.

The (b) portion is known as the California per se law and requires no evidence of impairment. It means only that the driver was driving a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater level. It says nothing about the drivers ability to drive the vehicle, just the blood alcohol level.

In the state of California prior DUI convictions are considered priors within a 10 year period. That means that if you had any prior DUI records within a 10 year period you will be charged with a 2nd offense DUI rather than a 1st offense DUI. This means stiffer penalties, fines, and drivers license suspensions.

For a typical first offense California DUI you are subject to incarceration of up to 6 months and fines that could reach $1,600. Most likely your CA drivers license will be suspended for 6 months in addition to the CA DMV mandatory 4 month suspension. You will also be required to attend a DUI school for 3 months (could be longer depending on the assessment). You'll be required to attend a MADD victim impact panel and an ignition interlock device (IID) is also possible depending on the circumstances.

DUI Process publishes critical information designed to assist those with current or older DUI arrests navigate their way through the DUI process. The information points out areas to save money throughout the process and ways to expunge and/or clear your DUI record completely.

If you wish to read more about The DUI Process Manual please visit our homepage. To order the information click the button below.

Disclaimer: The materials are not a substitute for legal representation. You should seek the counsel of a qualified DUI defense attorney before making any legal decisions about your case. The provided material is legal information and not legal advice. No legal advice is offered nor implied. There is no establishment of an attorney client relationship. Please see full disclaimer for further details.