Frequently Asked Questions
What are California’s DUI laws?
According to California Vehicle Code section 23152, subsections (a) and (b):
- 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
- 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
California law clearly states that it is illegal for a person to operate a motor vehicle while under the influence of drugs and/or alcohol. California law also states that it is illegal for a person to operate a motor vehicle with a blood alcohol concentration of (0.08%) or higher.
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I was served with a Notice of Suspension, what should I do?
Once you have been served with a Notice of Suspension by California law enforcement, you have 10 days to schedule a hearing with the Department of Motor Vehicles to contest the suspension of your driver’s license. If you do not schedule your DMV hearing, your license will automatically be suspended. Therefore, you must schedule your DMV hearing within the 10 day period if you wish to stay the suspension of your license.
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What happens during a DMV hearing?
At the DMV hearing, an appointed DMV officer will act as a prosecutor, presenting evidence against the person and arguing that his/her license should be suspended. The DMV officer will also make the final decision, like a judge, as to whether or not the person is guilty or not guilty. If the DMV finds that the person is guilty, the person’s driving privileges will be suspended for a set period of time. If the DMV finds that the person is not guilty, his/her driving privileges will be reinstated.
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What is Blood Alcohol Concentration?
Blood alcohol concentration (BAC) is a term used to describe the amount of alcohol that a person has in his/her bloodstream. In order to determine a person’s BAC, a breath, blood, or urine test must be administered.
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What is a Field Sobriety Test?
Field sobriety tests (FSTs) are basic agility tests that law enforcement will ask an individual to perform if they believe he/she was driving under the influence of drugs and/or alcohol. In California, law enforcement officers usually ask a person perform 3 field sobriety tests: the horizontal gaze nystagmus test, the walk-and-turn test, and the one leg stand test.
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Should I Hire a DUI defense attorney?
Yes, you should hire a DUI defense attorney if you have been charged with driving under the influence in the state of California. If you are convicted of a DUI charge, you may have to spend time in jail, pay huge fines, or even lose your driving privileges. With such severe legal penalties, you cannot afford to jeopardize your future well-being by forgoing representation from a DUI lawyer.
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The experienced lawyers at California’s Top DUI Attorneys handle driving under the influence cases for clients located in the following areas: Santa Clara, San Francisco, San Mateo, Marin County, Alameda County, Contra Costa County, Sacramento, Santa Barbara, Ventura County, Los Angeles, Orange County, Riverside, San Bernardino, San Fernando, Santa Clarita, San Luis Obispo, Sonoma, Napa, Santa Cruz, and San Diego.
Contact an attorney in your area today!
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