California DUI Law
Under California law, driving under the influence is a misdemeanor in most cases. If you are pulled over and accused of DUI, you will likely face two charges form Vehicle Code 23152:
- 23152(a) Is a misdemeanor to drive under the influence of alcohol and/or drugs.
- 23152(b) Is a misdemeanor to drive with .08% or more of alcohol in your blood.
You will be charged with felony DUI if someone was hurt while you were driving drunk.
Penalties
The penalty is a different case and depends on circumstances, called ‘enhancements’ in California law. Those enhancements include:
- A prior criminal conviction within ten years
- Driving 20 mph over the speed limit while intoxicated
- Having a child under the age of 14 in the car
- A blood alcohol level over .15%
- Refusing to take a blood or urine test
California has stiff penalties even for first time DUI offenders with no enhancements. Your license can be restricted for 90 days and you will be expected to take a DUI class. You will be on probation for up to three years and could serve four to six days in jail. If it is your second or third DUI, you could spend more time in the county jail and have an ignition interlock device installed on your vehicle.
Your DUI Defense
Luftman, Heck and Associates will vigorously represent you if you are arrested for DUI. Call us today to discuss your case.
