California's DUI Laws.

Each of the 50 states and the District of Columbia have laws against driving under the influence (DUI) of alcohol or drugs. In California, driving with a blood alcohol concentration (BAC) of .08 percent or above is considered driving under the influence of alcohol. Drunk-driving accidents take a terrible toll on society — from the injuries and deaths of loved ones, to the costs of paying for the damage caused by these auto accidents.

If you’ve been injured by a drunk-driver, you should think about meeting with a knowledgeable auto accident attorney.

DUI Laws for San Diego Drivers

Breaking a DUI law in California involves two different cases: one in court and one at the California Department of Motor Vehicles (DMV). If you’re arrested for breaking a DUI law, you’re required to request a hearing with the DMV within 10 days of the DUI charge. If this step is not taken, California DUI laws state that you’ve plead guilty to drunk-driving, and you will automatically receive a car/motorcycle license suspension on the 30th day.

A criminal case for a drunk-driving in California focuses on these two DUI laws:

California Vehicle Code 23152 (a) — Whether or not the driver was “unable to drive the automobile with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.”
California Vehicle Code 23152 (b) — Focuses on the “per se” charge of “was the driver’s blood alcohol level .08 or higher.”

First time DUI offenders typically face the following, based on the situations surrounding the DUI arrest:

Fine between $390 and $1300
Probation for 3 to 5 years
Jail time ranging from 48 hours to 6 months
Sheriff work programs
First Offender School
Restitution

Almost all those arrested for DUI in California have to go to First Offender School in order to get their licenses back, but the length of time required for attendance varies depending on the BAC percentages at the time of arrest.

License Suspensions for California DUI Offenders

As of 2009, a California DUI conviction results in license suspension, which takes effect 30 days after the arrest. The times for suspension by the DMV are as follows:

First DUI offense: 4-6 months
Second DUI offense: 24 months
Third DUI offense: 24 months or more.

This suspension is completely separate from criminal punishments dealt out by the courts, and typically the court will also suspend your license for 6 months. These two overlap, but if you are given your license back by the DMV, you still face suspension as handed down by the courts. You can get a restricted license to allow you to go to and from work, but you have to get this from both the DMV and the court.

If you or a loved one have been injured in a drunken driving accident, we urge you to contact our bilingual San Diego law offices as soon as possible following the accident at 1-800-655-6585 for a FREE consultation with an experienced automobile accident attorney or click here to submit your case for a FREE online review. We handle all cases on a contingency fee basis, which means that you owe nothing until we recover money on your behalf.

Most Recent Blog Post

[caption id="attachment_21715" align="alignleft" width="300" caption="Photo Credit: The San Diego Union Tribune"][/caption] Last week, we reported on a car accident in San Diego that resulted out of alleged teen street racing. In new developments, the 18-year-old driver charged with the death of the two teenagers involved in the street racing has pleaded not guilty to vehicular manslaughter among four other charges according to reports at the San Diego Union Tribune. The news follows the earlier arrest of another 16-year-old driver that was taken into custody on similar charges. Just shortly after his arraignment, Michael Johnson, the 18-year-old driver of a Volvo S40, said, according to his attorney, that he is not the responsible party in the tragic San Diego accident fatalities that occurred April 4. Accident reports indicate that Johnson was returning from a spring break beach party in La Jolla when he was allegedly involved in a street racing contest with another teen driver – the unidentified 16-year-old driver of a Volkswagen Passat whose name has not been released since he is a minor. According to Deputy District Attorney Kristen Spieler, the two vehicles were zigzagging across lanes at speeds reaching up to a staggering 100 m.p.h. The 16-year-old driver in the Passat lost control over the vehicle, causing the car to flip over several times across multiple lanes of the road. Two passengers, Anthony Foreman, 18, and Jayli Campbell, 16, were thrown from the Passat and died at the scene of the accident. Two passengers survived the crash. Charlotte McQuillen, survived the accident although she suffered serious injury as a result of the collision including reports that say the teen will have to recover from traumatic brain injury. Anthoney Taylor, 16, also survived the crash although his injuries are unclear at this time. Johnson did not flee the scene of the accident according to police reports and cooperated with authorities once officers assessed the scene of the collision. The teen has no prior criminal record, although authorities say his vehicle was found containing a small amount of marijuana. Johnson is being charged with intoxicated driving, although his lawyer says there were no field sobriety tests to confirm the teen’s alleged intoxication. Teen driving: reminders for concerned parents Last week, we blogged on actions parents can take to prevent teen car accidents. Tips include:

Sign a parent-teen contract. Download your free contract now.
Enforcing the rules. Every teen driver needs to know that rules are there for a purpose, and when they are broken, consequences will follow.
Have a DUI backup plan. As most parents can attest, there are many instances when teen drivers run into problems that supersede their know-how and maturity. Drinking is one of those problems. In cases of emergency, your teen should have an open-door policy where they feel safe to call you when they need help – such in the case of drunk driving or driving while intoxicated.

About the Law Offices of Michael Pines, APC The Law Offices of Michael Pines, APC are specialists in car accident injury. Every personal injury attorney in our San Diego office works hard to seek maximum recovery for every injured client. Your case is handled without any out-of-pocket costs, so do not hesitate to speak to a San Diego personal injury lawyer today for a free legal evaluation. Call us at 1-800-655-6585.