DUI Laws
In an environment increasingly intolerant of DUI, the severity of DUI penalties is clear. But what are the applicable San Diego DUI laws? Here’s what you need to know about California laws governing DUI and how to find a competent San Diego DUI Defense Lawyer.
The first step in a DUI accusation is a pullover and arrest. The arresting officer must be able to demonstrate what is termed as “probable cause,” meaning that they must have reason to believe you’re driving under the influence. They can ask you to perform a number of field sobriety tests, but you are not required to submit to this kind of testing. However, under California’s Vehicle Code, you are required to submit to blood alcohol testing under the “implied consent law” which dictates that your license can be immediately suspended upon refusal to submit to testing.
Once you are arrested, you will be arraigned and charged with formal DUI under Vehicle Code Section 23152, the section of state law that forbids operating a motor vehicle while under the influence of drugs or alcohol and designating driving with over 0.08% as an automatic misdemeanor offense. In addition to these laws, California has a very strict “zero-tolerance” law dealing with alcohol consumption and driving under the influence by people under the drinking age of 21. Under California’s “zero-tolerance” DUI law, a person under 21 who drives with 0.01% blood alcohol content or more will immediately be subject to license suspension.
San Diego DUI laws vary from case to case, and penalties can increase if the DUI is combined with an accident or another crime such as assault or theft. Depending on the severity of your DUI, a misdemeanor or felony charge may be brought. In general, felony charges apply to the most severe San Diego DUI cases, including those that hurt other people or cause death.
If you have been accused of DUI, take your charges very seriously. You need adequate legal defense from a San Diego DUI lawyer who understands San Diego DUI laws and California statutes and can give your case the attention and strategy it deserves. With over 20 years of success in criminal defense, Stephen Brodsky is ready to defend you against DUI charges and help you keep your license. Contact us today for a free case consultation.
The first step in a DUI accusation is a pullover and arrest. The arresting officer must be able to demonstrate what is termed as “probable cause,” meaning that they must have reason to believe you’re driving under the influence. They can ask you to perform a number of field sobriety tests, but you are not required to submit to this kind of testing. However, under California’s Vehicle Code, you are required to submit to blood alcohol testing under the “implied consent law” which dictates that your license can be immediately suspended upon refusal to submit to testing.
Once you are arrested, you will be arraigned and charged with formal DUI under Vehicle Code Section 23152, the section of state law that forbids operating a motor vehicle while under the influence of drugs or alcohol and designating driving with over 0.08% as an automatic misdemeanor offense. In addition to these laws, California has a very strict “zero-tolerance” law dealing with alcohol consumption and driving under the influence by people under the drinking age of 21. Under California’s “zero-tolerance” DUI law, a person under 21 who drives with 0.01% blood alcohol content or more will immediately be subject to license suspension.
San Diego DUI laws vary from case to case, and penalties can increase if the DUI is combined with an accident or another crime such as assault or theft. Depending on the severity of your DUI, a misdemeanor or felony charge may be brought. In general, felony charges apply to the most severe San Diego DUI cases, including those that hurt other people or cause death.
If you have been accused of DUI, take your charges very seriously. You need adequate legal defense from a San Diego DUI lawyer who understands San Diego DUI laws and California statutes and can give your case the attention and strategy it deserves. With over 20 years of success in criminal defense, Stephen Brodsky is ready to defend you against DUI charges and help you keep your license. Contact us today for a free case consultation.