Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
local 916-367-0262

What makes you subject to a DUI in California?

That may seem like a silly question with an easy answer. After all, every state has a law on the books that lists the limit of a person's blood alcohol content (BAC) at 0.08. However, what many people may not know is that there are other drunk driving laws in effect in every state beyond just the 0.08 law, and they all vary from state to state.

For example, here in California there is zero tolerance BAC law for underage drivers. The limit in these circumstances is 0.02. In addition, there is also an "aggravated" DUI charge that can be applied if the person has a BAC of 0.16 or higher.

There's also an "implied consent" law, which is common throughout the United States. Implied consent means that if a police officer pulls you over and has a reasonable suspicion that you are intoxicated, you have to take a breath test or face consequences. Usually these consequences come in the form of a suspended license of 6 months to a year. If you do take a blood test after initially refusing to take a breath test, you will be exempt from a refusal charge.

We talked a lot about penalties associated with DUI in our last post, but it bares repeating given the other penalties that can be applied to someone charged with a DUI, regardless of what happens with the breath test. Their vehicle could be confiscated; they could be subject to ignition interlock; they could be forced to take alcohol education and assessment classes; and there could be jail time as well. 

Source: FindLaw, "California DUI Laws," Accessed Sept. 2, 2014

No Comments

Leave a comment
Comment Information

Contact our firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.