Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

Call Today for a Free Consultation | Se Habla Espanol

408-246-3004

Subscribe to this list via RSS Blog posts tagged in California drunk driving laws

San Francisco DUI defense attorneyIn the state of California, a driver who has been arrested for a DUI has 10 days to request a hearing with the Department of Motor Vehicles (DMV) to keep his or her driving privileges. A DMV hearing is an administrative proceeding involving the suspension of your driving privilege only. It is a completely separate matter from a criminal case for a DUI charge. If a motorist fails to request a hearing, his or her driver's license will be suspended. It is important to know you are not required to request a DMV hearing after a DUI arrest, so you may want to discuss the potential advantages with a skilled DUI lawyer.

Due Process

In California, due process of law entitles you to a notice if the DMV intends to revoke your driver’s license and gives you an opportunity to be heard. The DMV hearing focuses on the details of your arrest and your driving privileges. It does not decide your innocence or guilt of a criminal act. Some of the issues discussed at a DMV hearing include the following:

  • Whether or not you took a blood, breath, or urine test.
  • Did the police officer have reasonable cause to pull you over if he or she believed you were in violation of the law.
  • Was your placed under lawful arrest?
  • Were you operating a vehicle with a BAC of 0.08% or higher in your system?
  • Whether or not you refused or failed a blood, breath, or urine test.

These issues may seem fairly straightforward, but there could be factors that made your arrest unlawful or without probable cause. For example, the arresting officer could make a mistake in the police report or fail to note an important detail.

...

California DUI defense attorneyBeing pulled over by a police officer can be scary in any situation, but it can be especially scary if you are being pulled over for suspicion of DUI. When you are pulled over because an officer suspects that you have been driving under the influence, you will more-than-likely be asked to step out of your vehicle to partake in various field sobriety tests. Field sobriety tests are used to determine whether or not a person’s ability to drive has been compromised because of alcohol, or whether or not there is enough evidence to perform an arrest. If you are arrested for DUI, you will be asked to submit to a chemical test to determine your blood alcohol concentration or the amount of a specific drug in your system. If you refuse a chemical test, you could be subject to serious penalties.

Implied Consent Law

In the state of California, any person who drives a vehicle is deemed to have given their consent for chemical testing of their blood, breath or, when applicable, urine to determine the amount of alcohol in their system. This implied consent law can be found in California’s vehicle code, VEH 23612. The law also states that a police officer needs to have reasonable cause to order a chemical test, which is what field sobriety tests are used for. You get to choose if you would like to have your blood or breath tested and must be advised of that right. If either of those tests cannot be performed, or you state that they cannot be performed, you must submit to a urine test.

Consequences for Refusing a Chemical Test

Laws for refusing to submit to a chemical test are much more strict for repeat offenders than they are for first-time offenders. Refusing to submit results in a fine, a mandatory prison sentence if you are convicted of driving under the influence and an administrative suspension of your driver’s license for one year. If this is your second time refusing to submit to chemical testing, you will be subject to a fine, mandatory prison time if you are convicted and a two-year administrative suspension.

...

Posted on in DUI

San Jose DUI defense attorneys, DUI charges, DUI, California drunk driving laws, DUI chargesWhen most people think of going on vacation in the spring they imagine getting away from the grind of work or exams and enjoying time with friends or simply relaxing. However, what starts off as a fun vacation may quickly turn into a nightmare if you are pulled over for driving under the influence.

The Risks of Binge Drinking and Driving

Eighty percent of drunk driving incidents in the United States are related to binge drinking, according to the Center for Disease Control and Prevention. When a person is under the influence of alcohol, and especially if he or she has been binge drinking, the person may experience negative effects such as decreased concentration, blurred vision, and a reduced coordination and reaction time, which can cause accidents.

...

drunk driving fatalities, California drunk driving laws, San Jose drunk driving defense attorney, DUI prevention training, California barsDriving under the influence of alcohol or drugs, or DUI, is a serious offense in California, and the state has a number of laws which aim to improve roadway safety and punish drivers who put others in danger. However, the prevalence of drunk driving continues to be a concern, with more than one-third of all car accident fatalities in the state involving drunk drivers. As a result, California is looking to implement additional laws in hopes of reducing drunk driving deaths.

Drunk Driving Prevention Training

Many advocates believe that drunk driving fatalities can be prevented if people intervene before someone who is impaired gets behind the wheel. Bartenders and servers of alcoholic beverages are particularly in a position to identify when people are too inebriated to drive and help ensure that they do not drive while drunk.

...
Back to Top