DUI Lawyer in San Diego
San Diego DUI Attorney
Elements of the Offense
A California driving under the influence (DUI) arrest will typically initiate two separate cases. The first case will be the California driving under the influence criminal case. The District Attorney of the county in which the DUI arrest occurred will usually charge the driver with two separate criminal violations following the arrest. The first criminal charge is for driving under the influence of alcohol, medication, or drugs, which is a violation of California Vehicle Code section 23152, subdivision (a). The second criminal charge is for driving with a blood alcohol concentration (BAC) of .08 percent or higher, which is a violation of 23152, subdivision (b).
The second DUI case resulting from a driving under the influence arrest is a California Department of Motor Vehicles Administrative Per Se (APS) action. This is when an individual is at risk of having their California driver’s license or privilege to drive in California (if licensed by another state) suspended. Drivers that are arrested for driving with a blood alcohol concentration of .08% or higher in California have only ten (10) days from the date of the driving under the influence arrest to request a DMV Administrative Per Se (APS) hearing. If a hearing is not requested within ten (10) days of the arrest (even if the arrest was on a weekend or holiday or there was jail time), the individual’s California driver’s license or privilege to drive in California (if licensed by another state) will automatically be suspended thirty (30) days from the date of the arrest, for a minimum of four (4) months.
California DUI Penalties
The penalties can be very harsh in a California driving under the influence case. A driving under the influence arrest in California may result in jail, expensive fines, driver’s license suspensions, mandatory alcohol awareness classes, ignition interlock devices (IID), community service and other forms of punishment. Because of that, it is in your best interest to have a knowledgeable and experienced DUI defense lawyer handling your case from the start.
If you or someone you know has been arrested for driving under the influence, please contact DUI Crew for a free 100% confidential consultation. We are here to help you!