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How Is DUI Defined Under California State Law?

DUI stands for driving under the influence. A lot of people think that in order to get a DUI, you have to be drunk behind the wheel. The reality is the standard for a DUI is simply driving while impaired to the degree that you cannot safely operate a motor vehicle.

California Vehicle Codes for DUI

California DUI laws include several misdemeanor DUI offenses you may be charged with in California Vehicle Code 23152:

Vehicle Code 23152(a):  Driving under the influence of alcohol such that your mental or physical abilities are impaired and you cannot drive as well as a sober person.
Vehicle Code  23152(b): Driving with a BAC of .08% or higher.
Vehicle Code 23152(c): Driving a vehicle if you are addicted to any drug.
Vehicle Code 23152(d): Driving a commercial vehicle with a BAC at or above .04%.
Vehicle Code 23152(e): Driving with a passenger in a passenger for hire vehicle such as a taxi or Uber with a BAC at or above .04%.
Vehicle Code 23152(f): driving under the influence of any drugs.
Vehicle Code 23152(g): Driving under the combined influence of alcohol and drugs.

What Happens After I'm Arrested for DUI?

After you are arrested, you will be taken into custody. Usually, the police will have you do the blood or breath test once they get you back to the station. A lot of stations do not have blood testing, so if you choose the blood test, they will take you to the hospital.

If you did not do field sobriety tests out in the field, then they will ask you to do them in the station. Once you bond out, you will receive a court date. You will have the opportunity to go meet with an attorney to figure out exactly how you are going to handle your case.

If you refuse a Breathalyzer test, you are going to be charged with a refusal and lose your driver's license for a year. If you are not intoxicated, take the test and move on with your night. Even if you think you may be over the legal limit, at some point, you are going to have to take the test. Unless you are being offered a handheld breath testing device out in the field, you should comply.

You are entitled to have a DMV hearing before your license is suspended. You will receive a pink piece of paper stating that you have 10 days to contact the DMV or your license will automatically be suspended. That pink piece of paper is your driver's license for the next 30 days.

If you want to try to challenge the suspension, then you are going to need to ask for a hearing and a stay on any suspension. It is wise to have an attorney handles this process.

Contact Us Today

Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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