 |
A California DUI/DWI arrest
triggers two separate cases. The first is the
California Department of Motor Vehicles (DMV)
action in which a persons’s driving privileges
may be suspended or revoked. The second, is
the criminal court case, where various criminal punishments
are available. It is crucial to retain counsel immediately with respect to the DMV case because if you are arrested for a DUI, you only have
ten days from the date of arrest to request
a hearing with the DMV. Failure to request
such a hearing within the time limitation will
result in an automatic suspension of driving
privileges.
There are two California statutes that are
typically used to charge DUI defendants. The
first statute is California Vehicle Code Section
23152(a) and has to do with whether a person
is “impaired” by alcohol to the
extent that it affects their ability to safely drive
a car. Impairment is typically proven with evidence such asfield sobriety
tests, testimony regarding the defendant's driving patterns, and the appearance of the
defendant.
The second statute, Vehicle Code Section
23152(b), is brought against those who
have a blood or breath alcohol concentration
of .08% or higher at the time of the arrest.
This charge is based solely on body chemistry and the prosecution does not need to prove actual impairment.
If a person is convicted under both statutes,
they will only be punished once. However, remember
that the DMV may still take action with respect
to your driving privileges regardless of what
happens in the DUI/DWI court case. It is possible to have the charges dismissed or be acquitted of the charges and still have your license suspended.
The DMV punishment may vary from a four month
suspension if
it is a first offense, to a one year suspension
for a second offense, and a two year suspension
for a third offense. Restricted licenses are
sometimes available for a first offense after
the first thirty days of the suspension have
passed. Please note that if an accused refuses
to take a chemical blood or breath test, the
DMV punishment will be increased. A one time
offense will result in a one year suspension,
a second offense will trigger a two year suspension,
and a third offense will trigger a three year
suspension.
If arrested for a DUI, there is also a possibility
that it may result in felony charges. The first
way to be charged for a felony DUI/DWI is if
the defendant has three prior convictions within
the past ten years. The second way to be charged
with a felony is by violating California Vehicle
Code Section 23153 which makes it a felony
where drunk driving causes injury to a person
other than a driver. The third way to be charged
with a felony DUI/DWI is when the driver has
a prior felony DUI conviction within the past
10 years.
Minors may also be charged with a DUI, although
they have separate rules and punishments. California
has a zero tolerance law which means that anyone
under 21 who is driving with a .01% alcohol
level or higher will be subject to a one year
suspension of their driving privileges. This
punishment is in addition to the criminal court case.
|
|
|
 |
|
.com
