Driving under the influence of alcohol or drugs is one the most common crimes in California. Most people accept the consequences but do not realize that these cases can be challenged!
The two most common charges in California are Vehicle Code sections 23152(a) and 23152(b).
Cal. Veh. Code section 23152(a) states: “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.”
Cal. Veh. Code section 23152(b) states: “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
Your DUI Court Case
If you’ve been charged with a DUI, or any crime, you should hire an attorney to represent you. DUI’s can be challenged with many different approaches. These include:
1. Whether the officer had reasonable suspicion to stop you in the first place
2. Whether the officer use proper guidelines and procedures in testing you up until the arrest
3. Scientific evidence of the breathalyzer test or the blood test results
4. Many other defenses to DUI’s, and every case will be different.
DMV Driver’s License Suspension
First Offense: 4 months
Second Offense: 1 year
Refusal: 1 year
Please note that the court can also order a license suspension, which is longer than the DMV license suspension duration.
DMV Administrative Per Se “APS” Hearing and Consequences
You have a right to an DMV Admin Per Se Hearing to determine whether your arrest for DUI will affect your driver’s license. You must request this hearing within 10 days of your DUI arrest. Exercise your rights and request the hearing. DMV hearings can be contested, and you may be able to save yourself from a license suspension due to a DUI.