California DWI Faqs

Below is our California DWI Faqs or DUI/Drunk Driving Frequently Asked Questions:

Getting stopped for drunk driving in California (commonly talked about as “dwi” – driving while intoxicated or “dui” – driving under the influence) is a serious offense and can have different consequences depending on where you live. All 50 states have per se laws defining it as a crime to drive with a blood alcohol content (BAC) level at or above 0.08 percent. But, some states have enacted zero tolerance laws that lower that level for underage drivers and high BAC laws that impose harsher penalties for those caught with levels of .16 to .20.

Getting stopped in California. When you’re stopped for drunk driving, DUI/DWI, (or for something else and a police officer has reason to believe you’ve been drinking), you will generally be needed to take a sobriety test (blood, breath or urine) to work out your BAC level. Most states have implied consent laws which means that you must keep to a test or face fines and/or license suspension – sometimes right on the spot - for refusing to take the test because of your DUI In California.

What happens next? If you refuse the test or are found to have a BAC over the state limit, chances are you’ll be taken into custody and brought to a police station where you’ll be held until someone can pick you up. Besides, your license may be temporarily suspended and your vehicle may be impounded for time after the incident.

Going to court in California. Aside from a possible administrative hearing that goes over the circumstances surrounding your CA DUI / DWI arrest, you must generally go to court where a judge will decide your fate. Often, it is strictly based on your blood alcohol level or refusal to give to a breath test.

If you’re found guilty, most courts will:

• impose fines (and some add on an extra driver responsibility tax)
  
• suspend or revoke your license
  
• want participation in a drunk driver education program
  
• add points to your license (and your insurance will most likely increase)
  
• need community service work
  put you on parole

Also, some judges may need you to take part in alcohol or drug treatment programs as part of a parole program or have an ignition interlock device installed on your vehicle.

Getting your license back. Some states, including California, allow provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and circumstances and is often granted only with participation in an education program or by showing a family hardship.

More than one arrest. Nearly all states, including California, have DWI and California DUI Law that impose higher penalties and fines if you’ve already been convicted of drunk driving within the last the last 5 to 10 years, such as California DMV DUI.

What to do? Make sure you know California’s law on drunk driving or DUI/DWI and think about hiring a California DUI Attorney to help you through the process. Many lawyers limit their practice to drunk driving, know the system and may provide a Free Case Evaluation.

California Drunk Driving Defense
ROBERT TAYAC, Attorney at Law
600 Montgomery Street, Ste. 210
San Francisco, California 94111
Phone: 415-552-6000
Toll free: 800-901-1888
Santa Clara County: 408-985-8700
Sonoma County: 707-576-9900
E-mail Us Here