California DUI Laws and Penalties

DUI penalties in California

 

Driving under the influence (DUI) is one of the most spread traffic violations in the USA. Moreover, the most common criminal charge applying is California is DUI.
DUI represents a big danger to the public because according to the statistics every fourth car accident happens caused by drivers under the influence. In California, there are 2 charges for breaking DUI law.

Pursuant to California Vehicle Code (§ 23152(a) (b)) the following facts should be proved in order to find a person guilty in DUI:

a) driving a vehicle. It is not considered as “driving”, if a person stays beyond, in front of a vehicle, or he/she is asleep inside.
b) being under the influence of alcohol and/or drugs or with a blood alcohol content of 0.08% or higher(California’s DUI Per Se Law[1])[2] California Vehicle Code states that the term “vehicle” is a self-propelled device, including: all self-propelled automobiles, motorcycles, trucks, mopeds, and scooters. It has to be noted that animals and bicycles are not considered to be a vehicle.
For more detailed information on a variety of DUI charges, proceeding and penalties, please visit the California DUI Laws.

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will help you to understand the various aspects of your case. We are ready to provide answers to your initial questions concerning drug charges in California for free. Do not hesitate to contact us!

You may file your request online, by telephone or by mail. 818-553-1000


[1] California “Per se” law in DUI cases means that a blood-alcohol concentration (BAC) of a person is shown to be at or above 0.08 percent. In consequence, this person will be considered as intoxicated.
[2] In 2013, the National Transportation Safety Board proposed to reduce BAC limits to 0.05 percent.

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