The State of California has written CA DUI law to be the most strict in the nation - two cases immediately are triggered any time a person is arrested for DUI. Really 3 cases if you count the Department of Motor Vehicles (DMV) case. First you have the California Vehicle Code section 23152(a) case - then you have the California Vehicle Code section 23152(b) case - finally you have the drivers license privilege case in the DMV.

     The California DUI court will usually handle the first two charges - sometimes, when someone refuses to take a chemical test, only the first charge will be prosecuted. But an additional charge of refusing the chemical test will be added.

     For your California DMV civil case that is against your right to drive in California, or your California drivers license, you must set up your DMV DUI trial with them by calling them within the first 10 calendar days after arrest. You will most likely lose this case at the DMV if you don't have a DUI lawyer or attorney helping you.

     A person charged in CA for DUI who was on drugs will only be charged with California Vehicle Code section 23152(a). For this count the prosecutor will try to prove that the DUI arrestee had lost their physical or mental faculties or they were unable to drive their car with the same caution characteristic of a sober person, ... under the same or similar circumstances. So, one can get convicted for DUI or drunk driving even though they have not consumed any alcoholic beverages - and, this also applies to prescription drugs as well - you can be charged and convicted without any alcohol in your body - just with what the doctor prescribed.

     The California Vehicle Code section 23152(b) charge is for alcohol - one must be .08% or more blood or breath alcohol content. The California DMV also applies this same standard - you will automatically win your Administrative Per Se hearing at the DMV if you have less than .08% alcohol level as measured by the cops tests.

     A person under 21 years old in California is not allowed to consume any alcoholic beverages - they are especially prohibited from drinking and driving, so a .01% or more standard applies to these individuals.

     Good luck on your case.

Each State Bar requires certain training be completed before attorneys can represents clients in a court of law. Lawyers who have attended the “National College of DUI Defense” are new attorneys who have completed simple “Basic Training” or are experienced attorneys who have decided to pursue impaired driving defense. It’s important to also note if your attorney has specialized training on State specific issues related to drunk driving defenses. Remember, DUI/DWI/OWI/ Et al, vary from state to state, and can be interpreted differently in different regions. Make sure your attorney has the knowledge needed to aggressively defend your case. Ask the hard questions BEFORE hiring any attorney. Your right to drive is at stake!