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California DUI / DWI arrests typically have two separate cases involved. The first DUI / DWI case is the CA DUI arrest criminal court case. The CA DUI criminal court case can either a misdemeanor DUI or a felony DUI, and this depends upon if the driver is arrested for a first, second, third, or fourth-offense drunk driving case (the fourth offense within ten (10) years may be charged as a felony DUI / DWI), or if the California DUI arrest affected an accident where someone other than the motorist was injured. CA DUI arrests involving injury accidents can also be charged as a felony DUI, even if it is the first offense for the motorist. If you are arrested for a misdemeanor DUI / DWI, or are cited for a felony DUI arrest in California, it is important that you meet with a California DUI lawyer who is not just another criminal defense lawyer, but a lawyer that truly knows California DUI laws inside and out.
The second California drunk driving arrest case is called the DMV action. Where a person is arrested for California DUI / DWI, a California DMV APS action is started. This is true whether or not the motorist is a California resident or has a California driver’s license. It is crucial that any driver who suffers a California DUI / DWI arrest, whether it is for driving under the influence of alcohol, driving under the influence of drugs (DUID), or any other type of drinking and driving arrest, talk with a California DUI attorney. California DUI arrests depend on a criminal defense lawyer who focuses on DUI defense.
TAKE NOTE: A person who suffers a California DUI arrest, or who is arrested for any type of California drunk driving or drinking and driving arrest, MUST REQUEST A DMV ADMINISTRATIVE HEARING WITHIN TEN (10) DAYS OF THE DUI ARREST. If a DMV Hearing is not requested at a juncture following a California DUI arrest, the California DMV will suspend the driving privileges of the driver arrested for California DUI / DWI automatically on the 30 th day following the California DUI arrest. Non CA residents arrested for DUI in California will still get a suspension if the hearing is not requested on time; the California DMV will report the action to the persons home state by means of the Interstate Driver’s License Compact, and a suspension will be brought against the driver until the California DMV and California DUI arrest have been resolved. Learn more about the California DMV Hearing process and most importantly, how to request a California DUI arrest DMV Hearing by contacting a California DUI criminal defense attorney who focuses on defending California DUI cases.
California DUI arrests typically result in the filing of two separate criminal charges, and it is vital that any criminal defense lawyer who is handling your case understand the fundamental difference between these two DUI / DWI laws. The first charge is a violation of California Vehicle Code Section 23152 (a), which relates to driving under the influence (DUI), and focuses on the condition of the driver. To be convicted of violating this law, the driver must be found that he or she was unable to operate their vehicle with the caution characteristic of a sober person. Evidence there will include driving patterns, field sobriety test performance, physical symptoms, and chemical test results.
Although, those arrested for CA DUI / DWI will also be charged with violating 23152 (b). This section does not focus on the condition of the motorist; instead, it concerns only with body chemistry, such as whether the motorist was driving with a breath or blood alcohol level (BAC) more than the legal limit in California. This is a confusing question, that involves alcohol levels which change over time, and just because a California DUI arrestee gave a breath or blood test at the police building that was more than the legal limit doesn’t mean that the motorist was above the limit at the time they were behind the wheel.
If you have been arrested for California DUI, be it is misdemeanor DUI or felony drunk driving, please consult a CA DUI / DWI criminal defense lawyer who can assist with your drinking and driving case. Whether your criminal arrest is for driving under the influence of alcohol (DUI), driving under the influence of drugs (DUID), or any other drunk driving or drinking and driving charge, a free consultation with a California criminal defense DUI / DWI attorney is just one click away.
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