California DUI / DWI arrests bring about two different cases. The first DUI / DWI case is the California DUI arrest criminal court case. The California DUI criminal court case may be either a misdemeanor DUI or a felony DUI, depending upon whether the motorist 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 whether the California DUI arrest involved an accident where someone other than the driver was injured. California DUI arrests where there are injury accidents may also be charged as a felony DUI, even if it is the first offense for the motorist.
Whether you are arrested for a misdemeanor DUI / DWI, or are cited for a felony DUI arrest in Los Angeles, Orange, Ventura, San Diego, Riverside, San Bernardino, San Francisco, Marin, Contra Costa, Santa Clara, Alameda, Sonoma, Santa Cruz, San Mateo, or Napa counties, it is vital that you consult with a California DUI lawyer who is not merely a criminal defense lawyer, but an attorney that truly knows California DUI laws inside and out. He also recently received the coveted “AV®” rating in the Martindale Hubbell Registry, a peer review honor that tells people which lawyers are at the highest level of talent and integrity.
The second California drunk driving arrest case is the DMV action. Whenever someone is arrested for California DUI / DWI, a California DMV APS action is initiated. This is true whether or not the motorist is a California resident or holds a California driver’s license. It is critical 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 drinking and driving arrest, consult with a California DUI attorney who is more than a general practitioner or even a general criminal defense attorney. California DUI arrests require a criminal defense lawyer who concentrates on DUI defense.
TAKE NOTE: Anyone 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 ARREST. If a DMV Hearing is not requested on time following a California DUI arrest, the California DMV will suspend the driving privileges of the person arrested for California DUI / DWI automatically on the 30th day following the California DUI arrest. Non CA residents arrested for DUI in California will still suffer a suspension if the hearing is not requested on time; the California DMV will report the action to the motorists home state through the Interstate Driver’s License Compact, and a suspension will be imposed until the California DMV and California DUI arrest have been resolved. Learn more about the CaliforniaDMV Hearing process and most importantly, how to request a California DUI arrest DMV Hearing by contacting a California DUI criminal defense lawyer who concentrates on defending California DUI cases.
California DUI arrests generally result in the filing of two separate (but related) criminal charges, and it is essential that any criminal defense lawyer handling your case understand the fundamental difference between these two DUI / DWI theories. 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 section, the driver must be found to be unable to operate their vehicle with the caution characteristic of a sober person. Evidence here will include driving patterns, field sobriety test performance, physical symptoms, and chemical test results.
However, those arrested for CA DUI / DWI will also be charged with violating 23152 (b). This section doesn’t focus on the condition of the driver; instead, it is concerned only with body chemistry, namely did the motorist drive with a breath or blood alcohol level (BAC) that exceeded the legal limit in California. This is a complicated 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 station that exceeded the legal limit doesn’t mean that the motorist was above the limit at the time they were behind the wheel.
If you’ve been arrested for California DUI, whether it is misdemeanor DUI or felony drunk driving, please contact a CA DUI / DWI criminal defense lawyer who can help 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 a click away.
