California DUI Laws explained by Los Angeles DUI Lawyers

Being arrested for driving under the influence of alcohol or drugs (DUI) can be a confusing, life altering experience. If you have been charged with or arrested for DUI, the first thing you should do is contact an experienced California DUI defense attorney. From the very beginning of the legal process, your lawyer will provide you with valuable information and advice to protect your long-term interests.

Elements of the Offense

A California driving under the influence (DUI) arrest typically initiates two separate cases. The first case is the California driving under the influence criminal case. The District Attorney of the county in which the driving under the influence arrest occurred will typically charge the motorist with two separate criminal violations following a driving under the influence arrest. The first criminal charge is for driving under the influence of alcohol, medication, or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second criminal charge is for driving with a blood alcohol concentration (BAC) of .08 percent or greater in violation of 23152, subdivision (b).

California DMV License SuspensionThe second driving under the influence case stemming from a driving under the influence arrest is a California Department of Motor Vehicles Administrative Per Se (APS) action, where an individual is at risk of having their California driver’s license or privilege to drive in California (if licensed by another state) suspended. Drivers arrested for driving with a blood alcohol concentration of .08% or greater in California have only ten (10) days from the date of the
driving under the influence arrest to request a DMV Administrative Per Se (APS) hearing. If a hearing is not requested within ten (10) days of the arrest, the individual’s California driver license or privilege to drive in California (if licensed by another state) will automatically be suspended thirty (30) days from the date of the arrest, for a minimum of four (4) months.

California DUI Penalties

The stakes are high in a California driving under the influence case. A driving under the influence arrest in California may result in jail, large fines, driver’s license suspensions, mandatory alcohol education classes, ignition interlock devices, and other forms of punishment. For that reason, it is imperative that you have a knowledgeable DUI defense lawyer handling your case from the very beginning.

If you or someone you know has been accused of driving under the influence, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a member of our firm. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a lawyer and will receive a prompt response.

Contact Us

Contact Devermont & Devermont and we will provide you with the information you need to understand your California DUI arrest. We will provide a complimentary evaluation and what you need to know to resolve your California DUI case.

429 Santa Monica Blvd. #210
Santa Monica, CA 90401
Tel. (310) 393-0308


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