California DUI Laws explained by Los Angeles DUI Lawyers

Being arrested for driving under the influence of alcohol or drugs (DUI) can be a confusing, life altering experience. If you have been charged with or arrested for DUI, the first thing you should do is contact an experienced California DUI defense attorney. From the very beginning of the legal process, your lawyer will provide you with valuable information and advice to protect your long-term interests.

Elements of the Offense

A California driving under the influence (DUI) arrest typically initiates two separate cases. The first case is the California driving under the influence criminal case. The District Attorney of the county in which the driving under the influence arrest occurred will typically charge the motorist with two separate criminal violations following a driving under the influence arrest. The first criminal charge is for driving under the influence of alcohol, medication, or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second criminal charge is for driving with a blood alcohol concentration (BAC) of .08 percent or greater in violation of 23152, subdivision (b).

California DMV License SuspensionThe second driving under the influence case stemming from a driving under the influence arrest is a California Department of Motor Vehicles Administrative Per Se (APS) action, where an individual is at risk of having their California driver’s license or privilege to drive in California (if licensed by another state) suspended. Drivers arrested for driving with a blood alcohol concentration of .08% or greater in California have only ten (10) days from the date of the driving under the influence arrest to request a DMV Administrative Per Se (APS) hearing. If a hearing is not requested within ten (10) days of the arrest, the individual’s California driver license or privilege to drive in California (if licensed by another state) will automatically be suspended thirty (30) days from the date of the arrest, for a minimum of four (4) months.

California DUI Penalties

The stakes are high in a California driving under the influence case. A driving under the influence arrest in California may result in jail, large fines, driver’s license suspensions, mandatory alcohol education classes, ignition interlock devices, and other forms of punishment. For that reason, it is imperative that you have a knowledgeable DUI defense lawyer handling your case from the very beginning.

If you or someone you know has been accused of driving under the influence, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a member of our firm. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a lawyer and will receive a prompt response.

Devermont & Devermont
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429 Santa Monica Blvd. #210   •   Santa Monica, CA 90401
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Testimonials:


"Derek is a competent professional lawyer who knows how to get things done without the bureaucratic process found at most firms. I was in need of help quickly and Derek stepped up right away with the know how and tenacity to tackle any problem. I felt completely comfortable being out of town and having Derek take care of my issue and he solved it with ease. I recommend him greatly and would absolutely work with him in the future." Dan F

 

"After being cited for a Misdemeanor DUI, I was influenced by many to just face the consequences because "hiring a lawyer never works out in your benefit". I was terrified and confused until I met Mr. Devermont so I decided to take my chances. He assured me that I didn't have to worry anymore, and even at times where I wanted to give up he fought harder. My BAC was .11 but Derek managed to get my citation reduced to a dry reckless. I would highly recommend him to anyone!" Kelly B

 

"Derek Devermont is the best DUI lawyer anyone can ever ask for. Not only is he competent and industrious, Derek would go the extra mile for his clients to ensure the best possible outcome. I was unfortunately charged with DUI when I was 20 years old. Without me doing anything (appear in court, speak to the judge, etc), Derek won the case for me. Derek's favorite saying goes like this "don't worry, leave the worrying to me. I'm your lawyer." Thanks to Derek, I was able to keep my driving privileges, and preserve my life. He secured a not guilty verdict and erased any license suspension. " Jennifer F