California DUI FAQ
Getting stopped for drunk driving in California (commonly talked about as "dwi" - driving while intoxicated or "dui" - driving under the influence) is a serious offense and can have different consequences depending on where you live. All 50 states have per se laws defining it as a crime to drive with a blood alcohol content (BAC) level at or above 0.08 percent. But, some states have enacted zero tolerance laws that lower that level for underage drivers and high BAC laws that impose harsher penalties for those caught with levels of .16 to .20.
Below is our California DWI Faqs or DUI/Drunk Driving Frequently Asked Questions:
What happens when a stop for drunk driving is made?
When you're stopped for drunk driving, DUI/DWI, (or for something else and a police officer has reason to believe you've been drinking), you will generally be needed to take a sobriety test (blood, breath or urine) to work out your BAC level. Most states have implied consent laws which means that you must submit to a test or face fines and/or license suspension - sometimes right on the spot - for refusing to take the test because of your DUI In California.
What happens next?
If you refuse the chemical test or are found to have a BAC over the state limit, chances are you'll be taken into custody and brought to a police station where you'll be held until someone can pick you up. Besides, your license may be temporarily suspended and your vehicle may be impounded for time after the incident.
What happens in the California courts?
Aside from a possible administrative hearing that goes over the circumstances surrounding your CA DUI / DWI arrest, you must generally go to court where a judge will decide your fate. Often, it is strictly based on your blood alcohol level or refusal to give to a breath test.
If you're found guilty, most courts will:
There are many defenses in a criminal DUI case. All is not lost and an experienced drunk drivng lawyer will give you the best chance of fighting and winning the case.
How do you get back your drivers license?
Some states, including California, allow provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and circumstances and is often granted only with participation in an education program or by showing a family hardship.
What happens if you have more than one DUI arrest?
Nearly all states, including California, have DWI and California DUI Law that impose higher penalties and fines if you have multiple drunk driving convictions within the last the last 5 to 10 years, such as California DMV DUI.
What should I do?
Make sure you know California's law on drunk driving or DUI/DWI and think about hiring a California DUI Attorney to help you through the process. Many lawyers limit their practice to drunk driving, know the system and may provide a Free Case Evaluation.
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