California’s DUI Laws

Getting arrested for drunk driving is a serious offense with life-altering impacts. There is the possibility of a license suspension, heavy monetary fines, probation, and even jail time. If you have been arrested on DUI charges, it is important to hire a Sacramento DUI attorney who will protect your legal rights and help you understand California’s drunk driving laws.

California drunk driving laws prompt two different cases: a criminal case that is handled in the criminal court system and a California Department of Motor Vehicle (DMV) case that deals with the suspension or revocation of the defendant’s driver’s license.

Sacramento DUI attorney

California Vehicle Code Section 23152

California has two basic DUI laws, found in Vehicle Code Section 23152, sub sections (a) and (b), which state:

–          23152(a): It is a misdemeanor to drive under the influence of alcohol and/or drugs

–          23152(b): It is a misdemeanor to drive with .08% or more of alcohol in your blood

Even though there is only one applicable act, California laws allow the conviction of a DUI defendant for BOTH offenses under Section 23152. However, the defendant can only be punished for one offense. To avoid double jeopardy, it is advised that the DUI defendant retains a Sacramento DUI attorney.

Department of Motor Vehicles

The DMV case is very different than the criminal case and requires an Administrative Per Se (APS) hearing with the California DMV regarding the status of the defendant’s driver’s license. There is a 10-day deadline to file charges. Therefore, it is imperative for the defendant to immediately hire a Sacramento DUI attorney to file the necessary paperwork. If the deadline is missed, the defendant’s driver’s license will automatically be suspended, even if the drunk driving charges are later dismissed.

You Need to Hire Us to Protect Your Legal Rights

A DUI case is usually a complex process that is very deadline driven. As such, it is never wise for a defendant to handle his or her own DUI case without the legal assistance of an experienced Sacramento DUI attorney. If you have been arrested for drunk driving, call Sacramento DUI attorney Param Pabla at (916) 285-7900.

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