DUI Laws

California has two primary D.U.I. laws for drivers:

• Vehicle Code 23152(a), making it illegal to drive under to influence of alcohol, and
• Vehicle Code 23152(b), making it illegal to drive with a BAC of .08% or greater.

The above Vehicle Code sections specifically applies to charges of driving under the influence of alcohol. It is extremely common to be charged with both sections of the Vehicle Code. Depending on a number of factors, a D.U.I. can be charged as either a misdemeanor or a felony.

• Vehicle Code 23152(f)

The subsection “(f)” refers to a charge of D.U.I. for being under the influence of a drug. Substances like Marijuana, Methamphetamine, and even Heroin are common for “drug D.U.I.s.

These are just he most common types of D.U.I.’s you can get in California. Contact The Law Office of Victor Nasser now to explore your case.

Getting Pulled Over

“Reasonable Suspicion” to Pull You Over

There are many possible defenses to a D.U.I., however, the police must have “reasonable suspicion” to detain you.

• That is, the police must have “reasonable suspicion” that crime is or was taking place.
• This could be something as simple as out tail light, failing to signal properly, or speeding.

“Probable Cause” to Arrest You

In order for you to be arrested, the police must have probable cause that a crime was, is, or will be committed. In the case of a D.U.I., the crime is driving under the influence.

The Penalties for a D.U.I.

The penalties for a D.U.I. offense in California can be severe. The most common consequences you will face for a D.U.I. will be.

1. Fine: The fine for a D.U.I. in CA can vary based on county, but can be up to $1000.00 for misdemeanor offenses, and the fine for a felony D.U.I. can be even more!
2. DMV: There will be consequences from the DMV. These include license suspension and license restrictions to name a few. The DMV may also require you to install and Ignition Interlock Device (I.I.D.), commonly referred to as the breathalyzer, in your vehicle.
3. Classes: The classes that you may be required to can vary, but could include DMV required classes in order to get your license back.
4. Jail Time: Jail time is a serious possibility depending on the circumstances of your D.U.I.. It is extremely important that you contact a skilled criminal defense attorney to discuss your case and to do what we can to keep you out of jail.