California DUI State Law

Under California DUI Law, you have only 10 days to request a hearing on your DUI charges. It is essential that you contact a California DUI lawyer as soon as possible after your arrest or when charges are filed. If you do not request a hearing within 10 days, your driver's license will be automatically suspended by the 30^th day following the arrest.

California DUI Law

Under California DUI laws, you will face two cases. One is done on behalf of the Department of Motor Vehicles. The second is a criminal case. Both require you to act quickly with the aid of a DUI attorney. California DUI penalties may be charged in either one of these incidents:

1.      You are unable to drive their car with the same caution characteristics of a sober person.

2.      You have a blood alcohol level that is higher than 0.08 percent. Even if you are driving properly, but have a blood alcohol level higher than this amount, you will be charged with DUI.

If your blood alcohol concentration percent is .16 or higher, this qualifies for enhanced penalties, which may include additional jail time and fines, left up to the judge to determine.

Implied Consent Laws

California has an implied consent law, which states that if you operate a vehicle in the state, you agree to take a chemical test, of your blood, breath or urine, to determine your level of intoxication.

If you refuse a blood alcohol test, or another chemical test, a first time offender will face an automatic one-year suspension with no opportunity for a restricted license. A second offense warrants a two-year suspension.

California DUI 1st Offense Laws

Those who are charged with DUI as a first time offender will face the following charges.

• A minimum of four months of suspended license
• A minimum of 48 hours up to 6 months imprisonment
• If you are 21, you will face a one year suspension of your license
• Court ordered interlock device may be needed
• Impoundment of vehicle may be required
• Those under 21 are required to take additional alcohol education.
• Fines from $390 to $1000
• You will be charged with a misdemeanor

California DUI 2nd Offense Law

In the State of California, there is a look back period of ten years from arrest date to arrest date. This means that any DUI offense in the last ten years will affect your current case. If you were convicted of DUI 12 years ago, though, a new case will be considered a first offense. Second offense DUI laws may include:

• 90 to 120 days in jail, mandatory, but no more than one year
• Fines ranging from $390 to $1000
• 1 year suspended driver's license
• Vehicles may be seized and disposed, or impounded
• 18 to 30 months of DUI school is necessary for both second and third violations
• 3 to 5 years of informal probation
• 10 days of community service may be used in lieu of jail time
• You will be charged with a misdemeanor

Additional Offenses

Anything after your 2^nd DUI offense will follow the same requirements as second offenses, with the potential for additional fees, jail time and probation. A restricted license may be available for some offenses. The judge may order an interlock device to be placed on your license.

Hire a California DUI Lawyer

With only 10 days to request a hearing, it is imperative that you contact a California DUI lawyer as quickly after your arrest as possible. With the attorney's help, you may be able to have charges dropped. If not, they may be able to get lesser charges filed, or decrease California DUI penalties.

• If you have been charged with a DUI in California, Submit Your Case for a Free Review from a skilled DUI Attorney.

California DUI Legal Web Resources