What Happens When You Get A DUI in California?
When you find yourself arrested and charged with a DUI or driving under the influence offense in California, this can be a terrifying experience that can be accompanied by serious penalties. These penalties have the potential to harm your future life, career, and personal goals. Whether you have been pulled over on Firestone Boulevard in Norwalk or Interstate 5 in Los Angeles, it is understandable to ask the question, “What happens when you get a DUI in California?”
At Shield Law, APC, our team has been active in the California legal community for decades. As a past prosecutor, our lead attorney understands how to correctly go about defending you against these charges. From the Norwalk Superior Courthouse to the Los Angeles County Superior Court, the California DUI attorneys at Shield Law, APC, are here to defend you and guide you through every step of your case after being arrested for a DUI in the state.
Facing a DUI in California
In 2022, the state of California saw the highest number of DUI arrests in the country, at 96,000. In California, a DUI occurs when an individual allegedly operates their motorized vehicle with a blood alcohol concentration, or a BAC, of 0.08% or higher. When you are pulled over under suspicion of drinking and driving, a police officer may request that you get out of your vehicle and perform certain tests, such as a nystagmus test or other field tests.
Once these tests have been performed, the officers will ask you to take a breathalyzer test. This test, in California, is optional. However, if you refuse, you may face certain and more severe penalties. If you take the test and your BAC is at 0.08% or higher, the officers will place you under arrest immediately and take you to the nearest jail for processing.
Processing can take a few hours to an entire day, depending on the local caseload. Once you are released, the officers will give you a notice to appear in court and a temporary DMV license. At this point, it will be crucial to get in touch with a DUI lawyer who can fight against these charges, whether you are dealing with a misdemeanor DUI or a felony.
In California, there are several different factors that can be considered when it comes to the punishments you might face if successfully convicted of a DUI charge. These factors can include the following:
- Your BAC. If you are 21 years of age and your BAC is 0.08% or higher, you will face penalties for a DUI charge. However, if your BAC is at 0.15% or higher, you can face even more severe consequences.
- Past offenses. If this is your first DUI charge and arrest, you will likely be facing lower penalties unless there are other aggravated factors involved. However, if this is not your first DUI charge but a second or third, you can face more harsh punishments.
- Bodily harm. In 2022, 1,479 people were killed in instances of drunk or drugged driving. If someone is injured or killed due to your impaired driving, the sentencing you can face will likely be more severe than in other cases. You may even find yourself facing charges of vehicular manslaughter.
- Property damage. Though the loss or damage of property is not as horrific as the death of a loved one, it can still lead to increased penalties.
- Minor in the vehicle. At the time of a drunk driving incident, if there is a minor in your vehicle, you will likely face harsh consequences.
When you are arrested for a DUI in California, it is wise to be aware of both your rights and the penalties you might face. From jail time to fines to DUI courses, these penalties can highly restrict your future. At Shield Law, APC, we are here to fight for you to ensure your future is secure.
Why Hire a DUI Lawyer in California?
In a DUI charge, your very freedoms and future are at stake. Suffering a permanent DUI conviction on your criminal record can carry severe consequences as well, including making it more difficult for you to seek employment. This is why you need to hire a DUI lawyer in California. Your lawyer can review your case, uncover evidence to support your innocence, and ultimately argue your defense before a judge and jury.
FAQS
Will I Lose My License Right Away Following a DUI in California?
In California, you are given a small window of time that allows you to request a hearing with the DMV. However, if you do not take such an action, your license may either be suspended or revoked within a month following your charge. This will ultimately depend on factors like your age, your BAC at the time of the arrest, and whether this is your first DUI offense.
What Are The Penalties For a DUI In California?
There are several legal penalties that an individual might face when convicted of a DUI in California, depending on the amount of alcohol involved in the case and other aggravating factors, such as whether an individual died in the incident or if a minor was in the vehicle at the time. You may face jail time, hefty fines, restitution payments, probation, parole, and the installation of an IID.
What Are The Collateral Consequences Of a DUI?
Aside from jail time, fines, restitution payments, probation, and required DUI classes, there are several collateral consequences that can arise from a DUI charge in California. These consequences can include higher insurance rates, a permanent criminal record, and becoming disqualified from certain areas of employment. You could also incur higher transportation costs with the utilization of public transportation or find residential restrictions because of proximity to work or criminal background.
What Should I Not Do When Pulled Over For a DUI In California?
There are several actions you should avoid taking when pulled over for a DUI in California. These include reusing the chemical blood or breath test, as this can lead to harsh penalties, admitting to drinking, refusing to take any field sobriety tests, trying to stall the officer, or being difficult, or mentioning any prior DUI convictions.
California DUI Lawyer
At Shield Law, APC, we understand that everyone makes mistakes. That is why we are here to defend you against a DUI charge in California. Allow us to come alongside you, strategize your defense, and present your case in a court of law. You do not need to face this time alone. Instead, contact our offices today to set up an appointment with our team.
