California DUI FAQs

A driving under the influence charge occurs when a person is operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher, or when a person is impaired by drugs or alcohol to the point where they cannot drive safely. California Vehicle Code Section 23152 outlines the laws regarding DUI offenses.

Penalties for a DUI conviction can include fines, mandatory DUI education classes, probation, license suspension, and possibly jail time. The severity of the penalties depends on factors such as whether it is a first or repeat offense, if there were aggravating circumstances (e.g., injury or high BAC), and whether the driver was under the influence of drugs.

In California, you have the right to refuse a breathalyzer or blood test, but refusing can result in severe penalties. California's "implied consent" law means that by driving on California roads, you have implicitly agreed to take a chemical test if suspected of DUI. Refusing the test may lead to an automatic one-year license suspension and could be used against you in court.

In California, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably. Both refer to operating a vehicle while impaired by alcohol or drugs. The key factor in California is whether the driver's BAC is above the legal limit of 0.08% or if the driver is too impaired to operate a vehicle safely.

Yes. In California, it is illegal to drive under the influence of any drug that impairs your ability to operate a vehicle safely, including prescription medications. If the medication affects your mental or physical abilities, you could be arrested for a DUI. If you are taking prescription drugs, it is important to understand how they may affect your driving.

California has a "three strikes" law for DUI offenses, where a third DUI conviction can lead to more serious penalties, such as longer license suspensions, mandatory rehabilitation programs, and even prison time. A third DUI offense within 10 years can result in felony charges, especially if there are aggravating factors involved, such as injury or death.

After a DUI arrest, the California Department of Motor Vehicles (DMV) will take action to suspend your driver's license. However, you can request a hearing within 10 days of your arrest to contest the suspension. At Burglin Law Offices, P.C., we can help you understand the steps involved in the DMV hearing and potentially avoid or delay the suspension of your license.

Yes, in certain cases, DUI charges can be reduced or even dismissed. Recognized as a highly skilled DUI defense lawyer, Mr. Burglin can review the evidence in your case and identify the weaknesses of the prosecution.

If you are arrested for DUI, it is crucial to remain calm and cooperative. You have the right to remain silent and should exercise that right until you consult with an attorney. It is important not to argue or resist, as this could lead to additional charges.

The duration of a DUI case can vary depending on the complexity of the case and whether you are contesting the charges. Typically, a DUI case can take several months from the date of arrest to the resolution. However, with the guidance of a skilled attorney, your case may be resolved sooner or through negotiation with the prosecution.