DUI Charges in California
California Laws for drunk driving: DWI and DUI
In California the maximum permissible blood-alcohol concentration level is .08%. In the state of California, there will be two charges if you are found driving while intoxicated (DWI) or driving under the influence (DUI).
California Criminal Law and CDMV Charges
The first charge is with the California Department of Motor Vehicle (CDMV). This charge will result in driver's license suspension. This charge is governed by California civil or administration law and relates to your driving record and driver's license. Driver's license suspension in California (4 months that starts 30 days after your DUI stop) is enforced before conviction. To possibly keep your driving privileges, an appeal needs to be presented to the court, however this must be presented within 10 days of the DUI or DWI stop.
The second charge is governed by California criminal law and the court will decide the fines, fees, jail time, penalties, sentencing, possible probation, and community service.
Zero Tolerance and Implied Consent Laws
Zero Tolerance Laws pertain to those under the age of 21. In California, anyone operating a motor vehicle under the age of 21 and has a blood alcohol content (BAC) level of .02% or higher are subject to all DUI/DWI penalties.
In the state of California, the "implied consent laws" refer to this fact, once stopped and there is suspicion of driving while intoxicated or under the influence, you will be asked to submit to breath, blood, or urine testing. If you refuse, your license may be suspended for up to one year
-All that is needed to be convicted of driving while intoxicated (DWI) or driving under the influence (DUI) in California is a BAC above.08%.Ignition Interlock Devices in California
Once convicted by the courts, the ignition interlock device will be installed on your vehicle. This device will require that the driver do a breath-alcohol test before the vehicle will start. In some states, this is an option the courts decide. In California, this is not a choice it is mandatory.Alcohol Education Programs
In California, DUI offenders will be required to attend an alcohol education and prevention program or check into a treatment center for alcohol abuse.California Open Container Laws
Open container laws in California relate to both driver and passengers, no open containers allowed.DWI and Prison
When serious injury or death has occurred as a result of a DUI or DWI offense, the charges become a felony. This can bring more than one year in a California State Prison.
Get Help From an Attorney Now
After arrest for DUI or DWI you will go to court for arraignment, negotiated disposition or trial and sentencing. You should have an experienced and qualified DUI/DWI defense lawyer on your side during this process. We can help you to understand all of your options and give you the best chance against license suspension, monetary fines, and possible jail time. Contact us immediately. We know the court system and can present to you options available regarding your case. Contact a California attorney today for proper DWI and DUI drunk driving representation.
Related California DWI Pages