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Bay Area DUI

California driving under the influence (DUI) arrests typically initiate two separate cases. The first case is the California driving under the influence (DUI) criminal case. The District Attorney of the county in which the driving under the influence arrest occurred will usually charge the driver with two separate criminal DUI violations following a drunk driving arrest. The first charge is for driving under the influence of alcohol, medication or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second charge is for driving with a blood alcohol concentration (BAC) of 0.08 percent or greater in violation of 23152, subdivision (b).

DMV Hearing WarningThe second driving under the influence case is a California Department of Motor Vehicles administrative per se (APS) case, in which a person is at risk of having their California driver license or privilege to drive in California (if licensed by a state other than California) suspended. Drivers arrested for DUI driving with a blood alcohol concentration of 0.08% or greater in California have only 10 days from the date of the driving under the influence arrest to request a DMV administrative per se (APS) hearing. If a hearing is not requested within ten (10) days of the DUI arrest, the person's California driver license or privilege to drive in California (if licensed by a state other than California) will automatically be suspended thirty (30) days from the date of the DUI arrest for a minimum of four (4) months.

California Department of Motor Vehicles license suspension hearings are technically complex, and should only be handled by a lawyer with specialized experience in DUI defense and California DMV cases. To suspend a driver’s license following a California Bay Area DUI DefenseDUI arrest, the Department of Motor Vehicles (DMV) need only prove by a preponderance of the evidence that the police had reasonable cause to believe a violation of California Vehicle Code Section 23152 or Section 23153 was committed, that the driving under the influence arrest was lawful, and that the driver arrested for DUI had a blood alcohol concentration (BAC) of 0.08 percent or greater. California DMV administrative hearings can be won, but usually only by an attorney with specialized knowledge of the DMV hearing process, the type of evidence presented and familiarity with the possible defenses in DUI and DMV cases.

The stakes are high in a California drunk driving case. A driving under the influence arrest in California may result in jail, large fines, driver’s license suspensions, mandatory alcohol education classes, ignition interlock devices, and other punishment. For that reason, it is critical that you have only a qualified DUI defense lawyer handling your case from the beginning. If you or someone you know has been or may be accused of driving under the influence (DUI), or driving with a blood alcohol level at or above the legal limit, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a highly qualified California DUI lawyer. If you prefer, you may submit a confidential case questionnaire which will be reviewed by an attorney and receive a prompt response.

California DUI and Criminal Law Resources:

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