CA DUI Information
Saturday, May 30, 2009 at 6:05PM The State of California has written CA DUI law to be the most strict in the nation - two cases immediately are triggered any time a person is arrested for DUI. Really 3 cases if you count the Department of Motor Vehicles (DMV) case. First you have the California Vehicle Code section 23152(a) case - then you have the California Vehicle Code section 23152(b) case - finally you have the drivers license privilege case in the DMV.
The California DUI court will usually handle the first two charges - sometimes, when someone refuses to take a chemical test, only the first charge will be prosecuted. But an additional charge of refusing the chemical test will be added.
For your California DMV civil case that is against your right to drive in California, or your California drivers license, you must set up your DMV DUI trial with them by calling them within the first 10 calendar days after arrest. You will most likely lose this case at the DMV if you don't have a DUI lawyer or attorney helping you.
A person charged in CA for DUI who was on drugs will only be charged with California Vehicle Code section 23152(a). For this count the prosecutor will try to prove that the DUI arrestee had lost their physical or mental faculties or they were unable to drive their car with the same caution characteristic of a sober person, ... under the same or similar circumstances. So, one can get convicted for DUI or drunk driving even though they have not consumed any alcoholic beverages - and, this also applies to prescription drugs as well - you can be charged and convicted without any alcohol in your body - just with what the doctor prescribed.
The California Vehicle Code section 23152(b) charge is for alcohol - one must be .08% or more blood or breath alcohol content. The California DMV also applies this same standard - you will automatically win your Administrative Per Se hearing at the DMV if you have less than .08% alcohol level as measured by the cops tests.
A person under 21 years old in California is not allowed to consume any alcoholic beverages - they are especially prohibited from drinking and driving, so a .01% or more standard applies to these individuals.
=====
Q. Why should I see an attorney about my DUI?
A. A DUI is a felony or misdemeanor criminal offense, not just a traffic ticket.
If you are convicted of a DUI, there are mandatory legal penalties. Your driver's license is automatically suspended unless you fight. Your auto insurance rates will skyrocket, and the conviction may be added to your credit report. If you hold a professional license, a conviction must usually be reported to your governing agency.
In short, you have a lot to lose. So it makes good sense to see if you can defend yourself against these charges. An experienced criminal attorney can review the facts of your case to find legal defenses to the charges.
Q. What should I look for in a defense attorney?
A. Most attorneys do not practice criminal law, and you need a specialist to defend your rights. When you're looking for a criminal attorney, you should evaluate the initial interview carefully. You should feel comfortable with the attorney and confident in his or her ability in this type of case. When you have questions, make sure they're answered to your satisfaction. Some firms use paralegals or secretaries to interview clients. Be sure you talk directly with a competent criminal defense attorney.
Q. Could I represent myself in court or DMV?
A. Do-it-yourself legal work doesn't make much sense. DUI is a criminal matter and there are stiff penalties. Take it seriously.
Q. What if I can't appear in court?
A. Your attorney can appear for you in court in most cases. You don't have to be present.
Q. Can I discuss my case with family members, friends, or coworkers?
A. No, don't. If you discuss your arrest with others, they can be called as witnesses by the prosecution. Your attorney can't be a witness against you. Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case only with your lawyer.
Q. Can you guarantee results?
A. Beware of any attorney who guarantees results. In the law, as in most other areas of life, absolute certainty is not possible. However, the best results in any case always come from a good professional relationship with a competent attorney.
Q. Can I get my driver's license back?
A. Possibly. Each case has its own special facts, and there are valid legal defenses that can be used against your DMV license suspension. One or more defenses may apply in your case.
Q. What is the DMV hearing about?
A. The DMV has the right to suspend or revoke your drivers license if you don't challenge the action. To do this, they decide whether the police officer had a legal right to stop you and a legal right to arrest you. Then, depending on the test you took, they also decide whether your blood alcohol content was legally above the limit. Hearings for test refusal cases are held in much the same way.