Orange County Drunk Driving Defense Attorneys

California DUI Statutes

Like every U.S. state, California prohibits driving while under the influence of alcohol or drugs. California law provides stiff penalties for those who violate the DUI statutes. In order to understand how the DUI laws might affect you, it's important to know exactly what behaviors California's DUI statutes prohibit.

First, California's DUI statute states that it is "unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." Specifically, a driver may not drive a vehicle if he or she has a blood alcohol concentration (BAC) of more than 0.08 percent.

Separate rules apply to commercial drivers, people with drug addictions, and drivers under the age of 21. Drivers of commercial motor vehicles may not have a BAC above 0.04 percent, and people who are addicted to an intoxicating drug may not drive at all, unless they're in a treatment program for their addiction. Likewise, drivers under the age of 21 fall under "zero tolerance." Therefore, may not drive with any measurable amount of alcohol in their systems. Zero tolerance also applies to a driver already on probation after being convicted of DUI. The law prohibits him from driving if his BAC is 0.01 percent or greater.

California law allows a court to assume that a driver who had a BAC of 0.08 percent when he or she is tested also had a BAC of 0.08 percent when he or she was driving, even if three hours have passed between the driving and the test. It's up to the driver and his or her Orange County DUI defense lawyer to prove otherwise.

Breath tests are the primary way a police officer determines whether or not a driver's BAC is above the legal limit. California has a "presumed consent" law, which means that drivers are presumed to have consented to take a BAC breath test whenever a law enforcement officer requires one after arresting that driver. If the driver refuses to take the breath test, his drivers' license may be suspended by the Department of Motor Vehicles (DMV) for up to three years, depending on the driver's past history of DUI convictions.

In addition to criminal laws prohibiting DUI, California has administrative rules that govern whether and how a driver can keep his driver's license after a DUI arrest, charge, or conviction. Upon making a DUI arrest, a police officer must send notice to the DMV. The DMV reviews the information about the arrest and decides whether or not the driver's license should remain suspended. Drivers must request a DMV hearing within 10 calendar days from the date of arrest to challenge the suspension. This hearing request also places a "stay" on the license suspension, insuring that a one's driving privilege will remain in effect until there is an outcome from the DMV hearing.

Even if a driver is sober, neither the driver nor the passengers can carry an open alcohol container in a car. Alcohol containers that have been opened and then re-closed, like wine bottles, must be carried in the trunk of the car, where the passengers and driver can't reach them.

Since California law lets a judge or jury assume that a driver was drunk or intoxicated based on the results of a chemical test alone, it's important to understand exactly what the law does and does not prohibit. It is not illegal, for instance, to have trouble walking a straight line, or to test positive for alcohol in a breath or blood test. However, it is easy for courts to jump from a failed sobriety or chemical test to an assumption that the driver is guilty of DUI. An experienced Orange County DUI arrest attorney can make the difference clear to the court, protecting your rights and fighting for the best possible outcome. To find out more about how an effective defense can help get the charges against you reduced or dropped entirely, call Takakjian & Sitkoff, LLP for a free consultation at (888) 579-4844. We have prior experience as DUI arrest and prosecution procedure instructors to local law enforcement. We also have experience as former DUI prosecutors, lending us a wide-range of knowledge to help in your defense.