California's DUI Laws

DUI, the commonly known abbreviation for driving under the influence, is a law that varies from state to state. In the state of California, the laws on drunk driving are very clear.

However, thousands of drivers are arrested each year for this violation alone. There are two basic drunk driving laws:

1. It is a misdemeanor to drive in the State of California under the influence of alcohol or drugs.
2. It is a misdemeanor to drive with an alcohol level of .08% or higher in the State of California if you are over the age of 21, or with an alcohol level higher then .01% if you are under the age of 21.

Though both of these laws might seem extremely similar, perhaps even the same, you can be charge with both on them. Even though the law does allow you to be charged with both, you can only be convicted of one. A felony D.U.I is when injury results from driving under the influence.

If you are stopped for potentially driving under the influence, you should know and practice your rights:

1. There must be legal sufficient facts to constitute “probable cause” in order to stop, detain, and arrest you.
2. You should be advised that submission to a field sobriety test, and field breath testing is not required by law. It is your right to refuse these test.
3. Once arrested you must be made aware of your constitutional rights or your “Miranda” rights , before any further questioning can take place.
4. You must be given a choice between a breath or blood level test when arriving at the police station. If you refuse both, you must be verbally advised of any consequences to your actions.
5. Even if a breath test has been administered, and the results documented, you still should still request that a blood alcohol test be done. By law you must be given the chance to obtain a blood sample for your defense attorney to later have independently tested.

Once you have been arrested for driving under the influence your drivers license is immediately confiscated by the police, and the DMV notified. Upon the Department of Motor Vehicles notification of your arrest, your driver license will be suspended after 30 days, and you will be mailed a notice of suspension.

You do have the right to an administrative hearing to contest the suspension, however these arrangements must be made not longer then 10 calendar days from your arrest. After that the courts will decide what fines you will need to pay, and how long your license will be suspended. Repeat offenders could permanently loose all driving privileges, and even face jail time.

Though common knowledge there are a few steps you should take when you are pulled over by a police officer:

1. Stop immediately, put the car in park and turn the ignition off.
2. Do not admit to drinking, instead ask the officer why you were stopped.
3. If you have been drinking, and believe that you might be over the legal limit, refuse any field testing, even though it more then likely will result in your arrest. The trip to the police station will give you a little time to sober up.
4. Even though you are within your legal rights, remain polite to all law enforcement officers.
5. Keep mental notes of any wrong doing by the police department, and be sure to tell every detail to your attorney.

A DUI charge in any state don't come cheap. The average cost of a DUI in the state of California is $8,240 not including attorney fee's. No one is safe from a DUI; from celebrities to bus drivers, the rules are the same. Know your rights, but also know your limit.