California highway patrol dui punishment summary


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You only have 10 days from date of arrest to request a DMV hearing or your license will be suspended! We handle all this for you to protect your rights and work to save your license. Our goal is to achieve the best outcome possible.

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You can rest assured that our Former District Attorneys know the legal system inside out and how best to fight to get your charges reduced or dismissed. We know a DUI or drunk driving arrest and losing your license can have a major impact on your personal and professional life.

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Regardless how serious your case is, our experienced DUI defense attorney will carefully analyze the evidence to identify any issues that will contribute to a successful DUI defense. Our aggressive defense will help achieve the best possible results in your case. Chudnovsky Law offers both DUI and immigration attorneys experienced with minimizing the DUI immigration consequences for foreign nationals.

DUI arrests can cause immigration visas to be revoked. Even if the case is dismissed. Call for a Free consultation. The sooner we can begin your defense the better. California DUI cases are rarely hopeless. Police officers bungle roadside investigations. Breathalyzers and blood testing are prone to error. Medical conditions and certain foods render falsely high blood alcohol readings. Our experienced DUI defense lawyer knows how to capitalize on these issues to win cases or reduce the charges. Most are wrong. For example, did you know:.

California Highway Patrol Officers Are Cracking Down Hard On DUI Drivers

More than interfering substances, medical conditions and equipment malfunctions can cause DUI breathalyzers to generate falsely high readings? DUI blood testing is prone to error. When we re-test clients' blood samples at independent laboratories, we frequently get different results Police officers are required to follow a standardized set of procedures in DUI roadside investigations Under California DUI laws , the standard of proof requirement for the prosecution is beyond reasonable doubt. The four key elements prosecutors typically use to try and convict are:.

Palo Alto cop identified in DUI arrest | News | Palo Alto Online |

Driving impairment patterns: The NHTSA has identified 24 visual driving clues for police officers to detect impaired drivers such as swerving or running stop lights. Physical signs and symptoms: Observations such as red eyes, alcohol odor or unsteady gate are probably the most easily discredited by the defense. Field sobriety tests such as the one leg stand or Nystagmus tests. Chemical test results or refusal: There are many ways to defeat breath and blood test results. Successful DUI defenses usually involve your DUI law firm identifying issues in any of the four components above to show there is a reasonable doubt.


The best DUI attorney will analyze your case evidence to identify the highest probability defense strategy to use. The process and procedure involved in an APS hearing is separate from the criminal court. They strictly enforce the deadline. Your license will be automatically suspended 30 days after arrest if we do not request the hearing in time. Did the officer make a lawful arrest and have reasonable cause to think you were driving under the influence of drugs or alcohol? Was your BAC above the legal limit? Your exact blood alcohol level may not be known at the time of the hearing since labs can take weeks to release their testing results.

Even if you weren't driving drunk, the police usually have justifiable reasons why they believed you were. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. California has two major laws directed at underage driving under the influence :. Both of these DUI laws apply to juvenile California drivers who are under 21 years of age.

Both can result in a one-year suspension of the underage driver's license. And both can apply even if the driver's driving is not actually impaired by alcohol. Refusing to take a breath test to measure BAC will not help. Refusal to take a California DUI chemical test will result in the driver's license being suspended for at least one year.

These laws include:. Unlike VC and , violation of the above laws can result in criminal penalties in addition to a driver's license suspension. To help you better understand DUI laws that apply to underage drivers, our California DUI defense lawyers discuss the following, below:. Vehicle Code VC is California's "zero tolerance" law for juvenile underage drivers.

Officer back on patrol after completing mandated requirements, suspension

It makes it a civil offense for someone under 21 to drive with a blood alcohol content "BAC" of. California's under zero tolerance law applies to all beverages containing alcohol--not just alcoholic drinks. Even medicines containing alcohol can subject a driver to charges under VC VC also applies regardless of whether the driver's driving was actually impaired by alcohol. An underage driver violates this law simply by having any measurable alcohol in his or her system.

Violation of VC is not a crime. The only punishment for violating Vehicle Code is a mandatory suspension of the underage driver's license. The length of the suspension is one-year for a first violation of California's zero tolerance law for underage driving and drinking. The driver's license can be revoked for two or three years if the defendant has a history of violating California's drunk driving laws. A PAS is a roadside test given on a Breathalyzer or similar device. It measures the alcohol in the driver's breath and mathematically converts it to a roughly equivalent amount of blood alcohol.

This will be either:. As a result, violating California's underage DUI law will not result in jail time. Rather, penalties under VC include:.

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  • 1. VC 23136 -- California's “zero tolerance” law for underage drinking and driving.
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  • Violation of VC is a misdemeanor. Refusal to submit to, or failure to complete, a PAS test or a post-arrest DUI test will result in a driver's license suspension of at least one year. Now consider the results of driving experiments conducted by Car and Driver magazine: Sober drivers who were texting or reading email took significantly longer to react to an alert than drivers with a blood alcohol content of.

    So in some situations, device-distracted driving is more dangerous than DUI. Yet in California, a driver who kills another person because of texting or talking on a handheld phone faces no more than a vehicular manslaughter charge — up to a year in jail, and possibly no jail time at all. With the rate of smartphone ownership in the U. Recently, I was stopped at a red light near the Santa Monica Pier.

    In the vehicle next to mine, the driver was riveted to his smartphone, grinning and chuckling at whatever was on his little screen. He was in uniform, at the wheel of his patrol car, using a moment stopped in traffic to get his cellphone fix. Follow the Opinion section on Twitter latimesopinion and Facebook. About Us. Brand Publishing. Times News Platforms. Real Estate. Facebook Twitter Show more sharing options Share Close extra sharing options. A man looks at his phone while driving on July 16, , in Dallas, Texas.