California Driving Under the Influence Law

In common with many other States, a DUI arrest in California will lead to two cases being brought against the defendant, a criminal case and a Department of Public Safety case. If you have been arrested for DUI in California, you have only 10 days in order to apply for a hearing at the Department of Public Safety in order to retain your driver's license. It is therefore essential that you contact a California DUI lawyer as soon as possible.

Charges for DUI in California can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven. In the event that a minor is arrested, California operates a “zero tolerance” attitude, leading to a 1 year suspension of driving privileges

The first three convictions for DUI in California are regarded as misdemeanors, after that any conviction is a felony it is also a felony if you have caused harm to another person as a result of being DUI.