Category: DUI Courts

What Happens in Court When Arrested for DUI?

When you are arrested for an alcohol related DUI (VC23152(b)), there are two separate and independent proceedings that are going to happen.  First, the Department of Motor Vehicles (DMV) Driver Safety Office will take action against your driving privilege by trying to suspend your driver license.  You have 10 days from the date of arrest to request a hearing with the DMV to contest the suspension.  Note that if you are arrested for a drug related DUI (VC23152(f)) (no alcohol) the DMV will take no immediate action against your driving privilege. But if you are convicted of the drug related DUI, the DMV will suspend your license based on the conviction. Continue reading “What Happens in Court When Arrested for DUI?”

What happens when you get a DUI in California?

Two Proceedings:

There are two separate and distinct proceedings that occur with every alcohol related DUI arrest.  First, the Department of Motor Vehicles (DMV) will take action against your driving privilege by trying to suspend your license.  Second, the District Attorney/City Attorney will try to punish you for breaking the law by filing criminal charges against you in Court. The following is a summary of each proceeding.

Keep in mind that even though both the DMV and Court proceedings arise from the same DUI arrest, each proceeding is independent from the other and each is handled differently. Continue reading “What happens when you get a DUI in California?”

What does DUI “Per Se” mean?

“Per Se” means “by or in itself.”

California Vehicle Code 23152(b) makes it a crime to drive a motor vehicle with a blood alcohol concentration (“BAC”) of 0.08% or higher.  Often referred to as California’s “per se” DUI law, this section means that someone driving “at or over the BAC limit” of .08% or more, the person can be found guilty of DUI, even if it cannot be proven that he or she is actually “under the influence” of the alcohol.  Thus, the BAC level itself is an illegal level. Continue reading “What does DUI “Per Se” mean?”