Los Angeles, California DUI Laws
Court Proceedings in California
The Offenses
California Vehicle Code Sections 23152 (a) and (b) make it unlawful for any person over the age of 21 to drive a motor vehicle while under the influence of alcohol/drugs and/or with a blood alcohol level of .08 or higher.
Minors who are arrested for Driving Under the Influence are usually charged with a Vehicle Code Section 23140 and cannot drive with a measurable alcohol level of .05 or higher and are charged under Vehicle Code Section 23136 “ZERO TOLERANCE” and cannot drive with a measurable alcohol level of .01 or higher.
Minors may also be charged as adults if they have a Blood Alcohol Content of .08 or higher.
Most first time offenders convicted of Vehicle Code Sections 23152, 23140 and 23136 face jail, alcohol classes, MADD program, HAM (Hospital and Morgue) program, AA meetings, fines, community service and probation. It is important to hire experienced Counsel to vigorously fight DUI charges which are usually subject to numerous errors.
The most serious DUI offenses occur when there are injuries or accidents involved. Vehicle Code Section 23153 (DUI causing Bodily Injury) and Penal Code Sections 191.5 and 192 (Vehicular Manslaughter) are felony offenses and can result in lengthy prison and jail sentences, parole or probation, restitution to victims for personal or property damage, in additional to civil liability.
All of the above laws can be viewed in their entirety below for easy reference to some of California’s toughest DUI laws. Reach out to a criminal defense attorney in Los Angeles at our law office for help.
Typical DMV License Suspensions
If you chose a blood, breath or urine test the most common license suspensions are as follows:
- If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more: A first offense will result in a 4-month suspension.
- A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 years of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
If you failed to submit to a chemical test, the most common license suspensions are:
- If you were 21 years of age or older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension.
- A second offense within 7 years will result in a 2-year revocation.
- A third or subsequent offense within 7 years will result in a 3-year revocation.
- If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a PAS test or other chemical test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.
A restricted license can be obtained to go to and from work and to and from an alcohol class in many cases. Moreover, a driver under 21 may be able to get a hardship license in certain circumstances. CONTACT US immediately to restore your driving privileges.
Department of Motor Vehicles-Administrative Per Se Hearing
Hearing Issues
If you submitted to a Chemical Test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 (minor over 0.05% blood alcohol level), 23152 (adult with over 0.08% blood alcohol level) or 23153 (DUI with injuries)?
- Were you placed under lawful arrest?
- Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?
If you refused or failed to complete a blood test, breath test, or (if applicable) a urine test:
- Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140, 23152 or 23153? Were you placed under lawful arrest?
- Were you told that if you refused to submit to or failed to complete a test of your blood, breath, or (when applicable) urine, your driving privilege would be suspended for one year or revoked for two or three years?
- Did you refuse to submit to or failed to complete a blood or breath test, or (if applicable) a urine test after being requested to do so by a peace officer?
Applicable California DUI Law
If you were charged or convicted of the any of the offenses below, contact us to learn how you can obtain a Hardship License from the Department of Motor Vehicles.
- DUI OF ALCOHOL AND/OR DRUGS
- DUI WITH BODILY INJURY
- UNDER 21 “ZERO TOLERANCE” DUI LAW
- UNDER 21 DUI STATUTE
- DUI LICENSING LAW
- VEHICULAR MANSLAUGHTER AND DUI
