California DUI Law

In most cases, a DUI charge in the state of California will be a misdemeanor offense. There are two misdemeanor charges from Vehicle Code 23152 that will most likely be filed against an individual charged with a DUI:

  • 23152(a) – Driving under the influence of alcohol and/or drugs.
  • 23152(b) – Driving with .08% or more of alcohol in your blood.

In the event that somebody was physically harmed while you were driving under the influence of alcohol or drugs, you will be charged with a felony under California law.

California DUI Law Penalties

The penalty for DUI charges is based on the circumstances surrounding the case. Such circumstances taken into consideration, called “enhancements” in California law, include:

  • Prior criminal history, specifically a conviction within ten years;
  • Driving 20 mph or more over the speed limit when driving under the influence;
  • The presence of a child under the age of 14 in the car during the time of the DUI offense;
  • A blood alcohol level of the defendant over .15% ; and
  • A refusal to take a blood or urine test when requested by authorities.

Even if one is convicted on a first time DUI offense with none of the enhancements listed above, the state of California enforces strict penalties, including:

  • License suspension for 90 days with required participation in a DUI class;
  • Probation period of up to three years;
  • Four to six days of jail time.

Subsequent DUI charges may also bring on additional penalties of greater jail time and an ignition interlock device installed in owned vehicle(s).

The Luftman, Heck & Associates Advantage

We at Luftman, Heck & Associates provide strong, experienced legal representation for individuals facing DUI charges in California. We fully understand that every case is unique, and manage all of our client cases around the circumstances and not the charges they are facing. Our attorneys are experienced and offer a proven track record in successfully challenging DUI charges.

Need A DUI Attorney in California?

If you or a loved one are in need of DUI and traffic defense representation and interested in learning more about Luftman, Heck & Associates LLP, please fill out a contact form. A member of our San Diego law firm will contact you directly to discuss your case in more detail and provide additional information about our DUI defense services.