California dui cases: In 2008 there was 214811 dui arrests in the State
California dui cost
Punishment for dui in California
California dui arrests
21 or older
You must contact the California DMV within 10 days of your DUI arrest, or your license will be automatically suspended
California DUI laws are such that every California DUI arrest gives rise to two different cases:
If you’ve been arrested for DUI, or any type of California drunk driving offense use our free service to locate a california dui lawyer.
California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):
Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
Procedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:
When a California driver is arrested for driving under the influence of alcohol, his drivers license is immediately confiscated by the police and he is served with the DMVs "Notice of Suspension". This one-page document (fine print on both sides) serves to (1) formally suspend the license, (2) provide a temporary driving privilege for 30 days, and (3) explain some aspects of the applicable law. Buried in this fine print on the back side is the most important legal provision there is a right to an administrative hearing to contest the suspension and force the DMV to return the license — but only if the individual or his DWI attorney contacts the DMVs local Driver Safety Office (DSO) and formally demands a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the call is not made, on the eleventh day the right to contest the suspension is lost and it will begin 30 days from the arrest regardless of any possible defenses.
This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher or (3) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes "administrative per se" or "APS" suspension), and is to be distinguished form a license suspension or restriction which may (and probably will) later occur in the criminal courts — in addition to the administrative suspension. Although this may seem to constitute "double jeopardy" or multiple punishment, the courts in their infinte wisdom have decided that the first suspension is only an "administrative sanction", as opposed to the second suspension in court which is a true "punsihment".
Any person who, while under the influence of intoxicating liquor, or under the combined influence of intoxicating liquor and any drug, drives a vehicle and when so driving does any act forbidden by law or neglects any duty imposed by law in the driving of such vehicle, which act or neglect proximately causes bodily injury to any person other than himself, is guilty of a felony. [California Vehicle Code Section 23153.]
The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.
- The Ohio Bar Asociation