If you are arrested for a drunk driving, it is imperative that you understand the California DUI laws (this may also be called the California DWI laws) that the prosecutor will use to attempt to convict you. Having knowledge of the legal system may help you in your search for the best California DUI lawyers, give you an idea of what to expect, and possibly even help you to avoid a drinking and driving charge in the first place. As if the case in most states, the DUI laws in California will create two cases when you are arrested. On one hand you will have to deal with the California DMV about your driver’s license, and on the other you will be facing criminal charges that could lead to prison time.
Under the California DUI laws, you have ten days from the date of the DWI arrest to request a hearing with the California DMV. If you do not request a hearing, your driver’s license will be automatically suspended 30 days after the arrest. It is extremely important to contact several quialified California DUI lawyers as soon as possible to file for a hearing with the DMV. For your first DUI or DWI conviction, the DMV will suspend your license for a minimum of four months. Your second offense will cost you to lose your license for one year, and your third DWI will result in losing your driver’s license for two years.
Under the California DUI laws that deal with the criminal aspect, you may be charged either under California Vehicle Code Section 23152(a) or (b). Under section (a), the focus of the drunk driving prosecution is whether you were impaired. If you have a certain percentage of alcohol in your system or not is not a factor in section (a). Under section 23152(b), this is the California “per se” DWI legal theory. You may be convicted of a DUI in California under section (b) if your blood alcohol content was .08% or greater. With section (b), it does not matter if you were impaired while driving, because all that matters is the chemistry results of the tests.
Under the California DUI laws, your first conviction for a DWI may result in between zero and ten days in jail, depending on the court. You may also be required to attend an alcohol education program for three to six months.
Your section DUI conviction in California may result in a prison sentence of at least four days. Some courts may impose a sentence of 30 days or longer. You may also be reuired to attend an alcohol education program for 18 months, and you may be required to use an ignition interlock device.
For the third California DUI conviction, a minimum prison sentence of 6 months is required.
Under California DUI laws, the fourth conviction can be treated as either a misdemeanor or a felony. You may be sentenced from between one and four years in prison.
California also imposes sentencing enhacements under certain circumstances. Examples of the reasons for enhancements includes: refusing to take the sobriety tests, driving over the speed limit by 20 or 30 miles per hour, a blood alcohol content of .20% or greater, a minor is in the vehicle when you are arrested for the DUI, any prior DWI convictions, or you are involved in a traffic accident when arrested for drinking and driving. Sentencing enhancements under the DUI laws in California may include: higher fines, increased time in prison, your car being impounded, required attendance at MADD meetings, and others.
If you are arrested for a DUI in California, you need to contact California DUI lawyers as quickly as possible.