California DUI

DUI law in California can be defined by 2 different offenses that the accused is charged with.  

• 23152(a) misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b) misdemeanor to drive with .08% (BAC) or more of alcohol in your blood.

The suspect is accused of breaking both laws even though only 1 incident occurred.  The first charge is what most people in California are familiar with and is the broader charge for 'drunk driving.'  The 2nd charge is what's known as the 'per se' law and is not specific for intoxication.

To be in violation of the per se law is merely to have a blood alcohol level of .08% or greater, it matters not whether your ability to operate a motor vehicle was impaired.  The per se law deals only with body chemistry and not impairment.  So if you passed the field sobriety tests you can still be convicted of violating the per se law if your BAC was .08% or greater.

These are actions taken by the California Courts.  In addition the DMV will impose sanctions.  Below is an overview of what the process is like as it relates to the CA DMV.

Just Arrested For DUI in California?

Here's an overview of how the CA DMV is notified...

The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.

You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.

Drivers License Suspensions You Can Expect

If your breath test results were at the .08% BAC level or above and you are at or above the legal drinking age (21 and up in California) you can expect the following from the CA DMV:

A first offense DUI will result in a 4 month suspension of your CA drivers license. 
A second offense or any subsequent offense within the 'look back' period (in CA it is 10 years) will result in a 1 year drivers license suspension. 

If you are not at or above the legal drinking age of 21 then your blood alcohol concentration (BAC) need only be measurable, meaning .01% or greater, to have your driving privileges suspended for 1 year.

Remember, the DMV actions against you are administrative action(s) taken against you, they are separate from the criminal proceedings that the CA courts will pursue. 

The CA DMV lists a more detailed description of the 2 vehicle codes here,  CA DMV DUI Laws

Other Resources:

DUI lawyer in San Diego

California DUI News Headlines