CALIFORNIA DRUNK DRIVING LAW CENTER

An Informational Guide to Drunk Driving
Defense In the State of California

 

Possible DUI Charges and Punishment

The “Driving Under The Influence” Law Center operates to provide helpful guidance to persons arrested and facing potential criminal charges in the County Superior Courts for drunk driving offenses.  

• What CRIMES might the D.A. charge?
• What LEGAL DEFENSES are possible?
• Obtaining the BEST DUI ATTORNEY for your case.
• Can I prevent a DRIVER’S LICENSE suspension?
• What is my potential PUNISHMENT in my County?
• Can I get the POLICE REPORT before Court?
• Can the charge be reduced to RECKLESS DRIVING?
• Are FIELD SOBRIETY TESTS (FSTs) reliable?
• Can I get my BLOOD TEST independently tested?
• Is the BREATH-ALCOHOL machine accurate?
• Estimate my BLOOD-ALCOHOL LEVEL now.
• Will CAR INSURANCE get cancelled or increased?
• How can I obtain my DRIVING RECORD?
• All about the DRINKING DRIVER PROGRAMS.
• Contacting the your local COUNTY COURT, POLICE AGENCY, or DISTRICT ATTORNEY.
• Locating the SUPERIOR COURT / HALL OF JUSTICE.                                                                                     

Though the State of California establishes laws pertaining to DUI (referred to in other states variously as DWI / OWI / OUI / OMVI) Many County District Attorney’s Office has some very unique prosecution polices and sentencing positions concerning plea bargaining, reduced charges, jail incarceration, adult work offender program, fines, license suspensions, license restrictions, drinking driver schools, and probation terms.

REMEMBER, AN ARREST IS NOT A CONVICTION.
YOU ARE PRESUMED INNOCENT. 

California’s Drunk Driving Laws

Following most California DUI arrests, the driver will be charged with having violated California Vehicle Code sections 23152(a) (driving under the influence) and 23152(b) (driving with an alcohol level of .08 or higher).

If somebody other than the driver was even slightly injured, the charges may be elevated to felonies under CVC sections 23153(a) and 23153(b).  If somebody is killed in a DUI related offense, the charges can be “vehicular manslaughter” under California Penal Code sections 191.5 and 192.  An experienced DUI attorney can often get felony charges reduced to misdemeanors.

PUNISHMENT:  Various statutes in the vehicle code can be used to enhance the punishment for a DUI offense.  Some of these include:  (a) Refusing a chemical test; (b) Having a child under 14 in the car;  (c) Having one or more prior convictions for an alcohol related driving offense; (d) Having an alcohol level of .20 or greater;  (e) Driving in a double fine zone; and (f) Injury to more than one person.

The potential punishment for a DUI conviction in California can range from local jail to state prison, along with mandatory attendance at a drinking driver program, probation, loss of license, and many other conditions (including residential treatment).