Learn More About California DUI Arrest

California DUI Arrest is done as per the DUI laws of the state. DUI arrests in California and subsequent criminal case filings are done on the basis of California Vehicle Code Section 23152(a), and Vehicle Code Section 23152(b) statutes.

The first statute is based on whether the defendant was driving a vehicle under the influence of drugs or alcohol or both in a state when he or she wasn’t sober enough to operate a motor vehicle. If the law enforcement official conducting the DUI arrest believes that the condition of the driver was not proper for driving a motor vehicle because of the influence of alcohol or drugs or both, the driver can be taken into custody and a subsequent case filing may be done.

According to the second statute, the case is filed on the basis of the blood alcohol content. As per US driving laws, a blood alcohol content of more than 0.08 percent deems a driver unfit to operate a motor vehicle. In this case a person may be arrested and a criminal case would be filed.

California DUI Arrest Procedure

California DUI Arrest is conducted by the law enforcement authorities of the state. The field officers appointed by the California Highway Patrol are responsible for conducting the DUI arrests in California. The law enforcement official may ask you for a blood test or any other test to determine whether the blood alcohol content is above the permissible limit. You have the right to refuse a test according to US laws.

After an arrest is conducted the official may take your driver’s license. This driver’s license along with a copy of the notice of revocation or suspension form and a sworn report must be forwarded to the California Department of Motor Vehicles (DMV). An administrative review is arranged for by the DMV in which the officer’s report, the order of suspension or revocation, and the test results (if any), are examined. The results of the DMV review are either the suspension or revocation is upheld or it is set aside.

California DUI Arrest: Probable Penalties

If the California DUI arrest administrative review upholds the suspension or revocation order then the defendant needs to ask for a DMV hearing to contest the order. However a DMV hearing needs to be requested for within a period of 10 days from the arrest. Otherwise the driver’s license is automatically suspended.

If the arrested individual has given a breath or blood test or any other tests to determine the alcohol content and the results show a blood alcohol content beyond 0.08 percent, the test results are enough to suspend the driving privileges of the defendant. If the case involves a person of or above 21 years of age, the driver’s license is suspended after the California DUI arrest for a span of 4 months for first time offense. In case it is a second offense or a subsequent offense, within a period of 10 years of the previous offense, the suspension period is increased to 1 year.  For individuals below 21 years, the driver’s license suspension period is 1 year if they have a blood alcohol content of 0.01 percent or more.

After a California DUI arrest is done the arrested individual may refuse to take a blood or breath test. In case of refusal or failure to take the chemical test if your offense is proved at the DMV administrative hearing, the suspension or revocation period of the driver’s license is increased.

The following gives you details of the driver’s license suspension or revocation period in California for refusal or failure in chemical tests:

In case of DUI offense committed by an individual of 21 years of age or above:

1 year suspension for first offense
2 year revocation in case of second offense committed within 10 years
3 year revocation in case of third offense committed within 10 years

The period of suspension or revocation of the driver’s license remains the same case of DUI offense committed by someone under the age of 21.

The driver’s license may be confiscated at the time of the California DUI arrest. If the DMV administrative hearing upheld the suspension or revocation order then the license is returned only after the offender completes the period of suspension or revocation. You need to pay DMV the re-issuance fee of $125 and file proof that accounts for your financial responsibility as well.

If the offender is below 21 years of age and the driver’s license suspension was done according to the Zero Tolerance Law (Vehicle Code §§23136, 13353.1, 13388, 13392), the driver’s license re-issuance fee is $100. In case the suspension or revocation order is set aside you would get your driver’s license without any hassles.

For more information about California DUI arrest and subsequent procedure you can have a look at http://www.dmv.ca.gov/. For more details you can contact the California DMV; all contact details are available at http://www.dmv.ca.gov/.

A criminal case is filed at a court of law after a California DUI arrest is conducted. Apart from the penalties imposed by the DMV, the court of law also sentences the offender according to the seriousness of the crime, the circumstances as well as the driving history of the individual.

The usual sentence given to first time offenders is a jail term that varies from 48 hours to 10 days. This depends on the circumstances. For a second DUI offense, the common sentence is a period of incarceration in a city or county jail for 98 hours to 30 days. For a third offense the jail term must be at least 120 days. In case of fourth offense, it is known as a ‘wobbler’, i.e., it can be treated as a misdemeanor or a felony, depending on the circumstances and the impact. The jail term varies from a minimum of 1 year in a county jail to a maximum of 3 years in a California state prison. Along with this fines may be imposed on the offender.