California DUI Law
California DUI / DWI Arrests

A California DUI / DWI charge can turn an accused drunk driver’s life upside-down. The accused driver is suddenly required to understand the California criminal court system and act quickly to protect his or her California driver’s license. A skilled California criminal defense attorney experienced in handling driving under the influence (DUI / DWI) cases can navigate the system for their California DUI / DWI client to ensure that his or her rights are protected.

California DUI law California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Although both cases are extremely serious, the DMV case is far more time-sensitive. Motorists accused of drunk driving in California have only 10 days from the date of their DUI / DWI arrest to request a hearing with the DMV. Anyone arrested for DUI or DWI in California who doesn’t request a hearing within 10 days will have his or her driver's license suspended automatically on the 30th day following their drunk driving arrest.

The criminal case filed against California DUI / DWI defendants consists of two different statutes:

• California Vehicle Code Section 23152(a)
• California Vehicle Code Section 23152(b)

The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.  This statute also applies tol prescription medications prescribed by your family doctor, and even to "over the counter" medications.

The second count, known as the “per se” charge, concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed field sobriety tests with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.

Any punishment or penalties assigned by the court in a California DUI /drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver's license for a minimum of four months for a first-offense  DUI / DWI arrest if the driver loses the hearing. The DMV will suspend the driver’s license for one year for a second offense and two years for a third offense. These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense will trigger a one-year suspension with no opportunity for a restricted license. A second offense with refusal will result in a two-year suspension, and a third offense will cause a three-year suspension.

Even motorists licensed in other states who are arrested for DUI / DWI in California must request a California DMV hearing to protect their driving privileges. California is one of 45 states that participate in the Interstate Driver's License Compact, an agreement to share information about DUI or DWI convictions and driver's license actions with other member states.

Certain drivers may face felony DUI / DWI charges after a California drunk driving arrest. Anyone with three prior drunk driving convictions within the past 10 years will be charged with a felony after a fourth arrest. A driver who causes injury to another person also may face felony charges. A DUI / DWI with an injury is considered a "wobbler" offense in California, meaning it may be charged as either a felony or a misdemeanor. Also, any motorist who has been charged with felony driving under the influence (DUI / DWI) within the past 10 years will be charged with another felony for any subsequent drunk driving arrests within that time period.

California has a DUI / DWI "washout" period of 10 years, calculated from arrest date to arrest date. This means that anyone arrested for drunk or drug driving within 10 years of the last arrest date will be charged with a second offense, with increased penalties and punishment. The punishment in court for a second or third drunk driving conviction is much harsher than for a first offense – a multiple-offense drunk driving conviction carries mandatory jail time, an 18-month alcohol education program, a required ignition interlock device (such as Smart Start), and more.

Getting arrested for DUI / DWI in California can have life-changing consequences, so it’s critical to have a criminal defense lawyer with experience defending both misdemeanor and felony DUI / DWI charges on the driver’s side. A skilled criminal defense attorney can make the difference in keeping negative consequences to a minimum (such as jail time, loss of driving privileges, fines and penalties).

If you are arrested for DUI/DWI in San Luis Obispo County, you should be aware of the important changes to the Sentencing Guidelines for these offenses effective October 2008.

Jeffrey D. Stulberg • A Law Corporation