Updated: Apr 21
Beginners' Guide To DIUs in California
Driving under the influence of alcohol or controlled drugs (DUI) is illegal in California, and the penalties are severe. It's important that your rights are secured by a professional California Criminal Defense Attorney who is familiar with California DUI rules, whether you've been arrested for your first DUI crime or have been down this path before.
There are several options for successfully contesting a DUI charge, but the laws are complex and confusing. Unfortunately, you are likely to find yourself in a case you can't win if you don't hire an experienced California DUI Lawyer.
After your DUI detention, you will be given a 30-day provisional driver's license. You can be able to keep your driving rights if you mount an ignition interlock system (IID) during that 30-day timeframe. While most drivers will be able to install this unit, some will not. You may also seek an administrative per se (APS) hearing with the DMV to appeal the detention. If you do not install an IID or request a DMV hearing during the 30-day temporary license duration, your license will be automatically revoked. The IID alternative is not available if you are arrested for driving under the influence of drugs.
It is important to seek legal advice as soon as possible following your DUI arrest to discuss your options. Since the DMV only allows ten calendar days to request a hearing, time is of the essence. With years of experience defending DUI arrests, a DUI Lawyer will easily evaluate the specifics of your arrest and inform you of your options.
The Fundamentals of California DUI Law
If you are over the age of 21, driving a vehicle with a blood-alcohol content (BAC) of.08 or higher is illegal in California. Driving a car when under the influence of medications, including prescription drugs, is also illegal if the drugs impair the ability to drive. The several "driving under the influence" code sections contained in the California Vehicle and Penal Codes apply to all of these rules. There's no such thing as a "good drunk driver" in California. If your BAC is above.08 percent (or you are under the influence of drugs), you will be charged with a DUI, even if you feel entirely sober and confident that you can drive without impairment.
It's so common for a driver gets behind the wheel after "a few drinks," convinced that he or she is fully capable of driving. Perhaps the driver is driving in a seemingly safe way, breaking no traffic laws, but is unexpectedly rear-ended by another vehicle. A passing police officer comes to a halt at the crash and detects a faint odor of alcohol on the driver's breath. Consider the case of "Dave Defenda