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What happens if you get a DUI in California?
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What are California DUI laws?
Learn what happens if you are arrested or convicted for driving under the influence (DUI) in California. Find out how to request a DMV hearing, get a restricted license, and complete a DUI program.
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- How California’s DUI Laws Define The Offense
- DUI Definitions For Commercial and Underage Drivers
- California’s Bac Limit and Per Se Duis
- Mitigating and Aggravating Circumstances of A California DUI
California’s laws regarding DUI violations get defined under Vehicle Code section 23152. The main points are: 1. It is against the law for a person under the influence of any alcoholic beverage, drug or a combination of the two to drive a vehicle. 2. A BAC of 0.08% or greater makes it unlawful to drive. 3. The perceived intention to drive drunk or ...
California DUI laws have additional stipulations and stricter BAC limits for commercial and underage drivers. Commercial Driver DUIs While non-commercial drivers are subject to a BAC limit of 0.08%, commercial drivers cannot operate vehicles if their limit reaches 0.04%. Given the professional nature of the cars and trucks used commercially, the pr...
As detailed in previous sections, the blood-alcohol content level can play a role in determining whether someone gets charged with a crime. As the legal limit is usually 0.08%, reaching the limit is what is known as a “per se” DUI. “Per se” means by itself. In matters of law, it means that the evidence of a violation is enough and police do not nee...
Once you get charged with a DUI, additional factors could result in either leniency or harsher punishments. Mitigating DUI Circumstances DUIs often bring serious consequences, however mitigating factors soften legal outcomes. For instance, if you are a first-time DUI offender without any previous criminal behavior, you will likely be charged with a...
California DUI Lawyers » DUI Laws & Penalties. Penalties for DUI in California. Most adults arrested for DUI in California get charged with both these crimes: Vehicle Code 23152 (a) VC – driving under the influence of alcohol, and. Vehicle Code 23152 (b) VC – driving with a BAC of .08% or greater.
- 3 min
1. What happens during a typical California DUI investigation? 2. What happens after a California DUI arrest? 3. What kind of lawyer should I hire following DUI charges? 4. What is the California DMV hearing process? 5. What are the most important DUI court proceedings in a given case? 5.1 Arraignment; 5.2 Pretrial motions and plea bargains; 5. ...
- 2 min
- What happens during a typical California DUI investigation?An investigation is the first step in the California DUI court process. It typically begins after you are pulled over by the authorities (for examp...
- What happens after a California DUI arrest?After you are arrested for DUI, the arresting officer will take you to a hospital, police station, or jail for a blood or breath test to measure yo...
- What kind of lawyer should I hire following DUI charges?When it comes to legal representation, you have three options when it comes to navigating the California DUI court process. These include: 1) repre...
- What is the California DMV hearing process?Shortly after a DUI arrest, the arresting officer will notify you that your driver’s license will be suspended in 30 days. The officer will confisc...
- What are the most important DUI court proceedings in a given case?Once a prosecutor files DUI charges against you, the DUI case enters the California criminal court system (this is true regardless of whether you w...
- What are the best legal defenses for a California DUI?Beginning on the date of arraignment, you have the legal right to challenge a DUI charge with a legal defense. An effective defense can work to red...
- What are some DUI penalties?You can face severe penalties for a DUI conviction. For example, a first-time DUI under California’s DUI laws is punishable by: a misdemeanor charg...
- What happens when you get a DUI in California? A drunk driving arrest triggers up to two legal proceedings against the driver: A criminal trial to determine whether the driver has committed a crime, and.
- What are the penalties for a first-time DUI in California? Criminal penalties for a first-time misdemeanor DUI vary by California county. But they can include
- Can I get a restricted license after a first-time California DUI? Yes. People whose license was suspended for driving under the influence offense can apply for a restricted non-commercial license, unless
- Will I have a permanent criminal record? People convicted of DUI will have a permanent criminal record unless they get an expungement of a DUI conviction in California.
You can be convicted of driving under the influence (DUI) in California if you drive with a blood alcohol concentration (BAC) of .08% or more (often called a "per se" DUI) or while "under the influence" of alcohol, drugs, or a combination of the two. Criminal Penalties for a First California DUI Conviction.
Fact-Checked. In California, a motorist can get a DUI for driving while "under the influence" of (impaired by) drugs ( including marijuana) or alcohol or with a blood alcohol concentration (BAC) of .08% or more. A person is considered "under the influence" if substantially impaired by drugs, alcohol, or a combination of substances.
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