California DUI Laws Know Your Legal Rights!

California DUI Laws Know Your Legal Rights!

Driving under the influence is the act of driving a motor vehicle while affected by drinking alcohol or taking other drugs. In most of the countries this is considered a criminal offense. Yet, is a common fact, as statistics show that in each year in California there are approximately 200,000 arrests for DUI. As a result of that, certain Los Angeles criminal lawyers have a great experience in defending persons facing these charges.

The specific criminal offense has various names, depending on the jurisdiction:

driving under the influence (DUI) driving under intense influence (DUII) driving while intoxicated (DWI) operating under the influence (OUI) operating while intoxicated (OWI) operating a motor vehicle while intoxicated (OMVI) driving under the combined influence of alcohol and/or other drugs.

California has two basic DUI laws, according to which it is a misdemeanor to drive under the influence of alcohol and/or drugs, and it is a misdemeanor to drive with 08% or more of alcohol in your blood.

Your legal rights in case of DUI charges

In case you are arrested for driving under the influence you should be aware of certain legal rights that you have:

There must be legally sufficient facts to stop, detain and arrest you. The law does not require submission to field sobriety testing and portable field breath testing. Once arrested, you must be advised of your constitutional rights. You must be given a choice of breath or blood testing. If a breath test is administered at the police station, you must be given a chance to obtain a blood sample for later independent testing by your DUI attorney

Possible DUI Penalties in Los Angeles Area

The legal penalties vary according to the gravity and the number of the offense. For example for driving under the influence of alcohol or drugs, at the first offense the Penalty consists in 96 hours - 6 months county jail, fine, 6 months license suspension, probation and treatment program. At the second Offense you can get 96 hours to 1 year county jail time, fine, 24 months license suspension, probation and treatment program. At the third offense the penalties vary between 120 days to 1 year county jail time, fine, 3 years license revocation and determination as a habitual traffic offender.

If driving under the influence of alcohol or drugs caused bodily injury the penalty at first offense includes 90 days to 1 year county jail, or state prison, 1 year license suspension or revocation, probation and treatment program.

Find out more about DUI Laws in Los Angeles

Contact Sigal Law Group for more information about DUI laws and experienced defense representation in case of a criminal charge in Los Angeles.