Drunk Driving

Drunk Driving Laws

When someone is arrested for DUI, there are really two separate cases being prosecuted against the accused:

1. The DMV case, where the driver’s license can be taken away; and
2. The criminal case that can result in jail, fines, an ignition interlock device being installed in the car, alcohol education classes, community service, impounding the defendant’s vehicle, or a combination of these things, depending upon the facts of the case.
   

DMV Case

If you have been arrested for Drunk Driving, you must request a DMV hearing within 10 days of your arrest. If you do not request a D.M.V. hearing within 10 days of your arrest, your license will be automatically suspended or revoked 30 days after your arrest.

As a courtesy, you may download a DMV hearing request, which must be faxed to the DMV office nearest to the location of your arrest. THE D.M.V. OFFICES AND FAX NUMBERS AND ARE LISTED ON THE FORM.

Fill in the blanks, including your name, driver’s license number, the date of your arrest, the arresting agency (Police, Sheriff, or C.H.P.), and the location of arrest (major cross streets, or at least the city, if known). FAX THIS FORM TO THE D.M.V. DRIVER SAFETY OFFICE NEAREST TO THE LOCATION OF YOUR ARREST. THE LOCATIONS AND FAX NUMBERS ARE ON THE FORM.

Even if 10 days have passed, it may be possible to get a DMV hearing, depending upon the facts of your case. If you are beyond 10 days, download and fax this hearing request at once, and contact a lawyer immediately to try to protect your rights.

The Criminal Case

The basic DUI law can be found in California Vehicle Code sections 23152 and 23153.

In order to convict a person of D.U.I., the prosecutor must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of drugs, alcohol, or both; or, that the accused drove a vehicle with .08 or more, by weight, of alcohol in the blood. See Blood Alcohol Calculator.

A D.U.I. case may be charged as a felony (meaning the punishment can be a term in state prison for a minimum of 16 months) where someone is injured, or where the accused has three or more prior DUI convictions. (Note that certain related charges, such as “wet reckless” driving may count as a prior D.U.I. conviction for this purpose.) These violations must have happened within seven years of the new charge to count against the accused as a prior conviction.

Remember, there are two ways to be convicted of D.U.I.:

1. Failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions (being a sloppy driver as the result of drinking or taking drugs); or
2. Driving a vehicle while having .08 or more, by weight, of alcohol in the blood. See Blood Alcohol Calculator.

Submit a FREE CASE EVALUATION FORM AND SCHEDULE A FREE TELEPHONE CONSULTATION.

Additional Information: Drunk Driving Laws

California Drunk Driving > Drunk Driving Laws