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California DUI Basics

If you were recently arrested for driving under the influence (DUI) in Orange County, you probably have a lot of questions about the process, what to expect, and how you should go about handling this situation – completely understandable!

In order to help you better understand your situation, we are going to provide a basic overview of DUI in California. If you have further questions, we encourage you to contact our firm for help!

In California, there are several different ways that a person can be charged with DUI. For example, the usual DUI is charged under sections 23152(a) and 23152(b), with 23152(a) having to do with driving under the influence of alcohol or drugs (including prescription medications), or any combination thereof.

This section applies to driving under the influence of ANY amount of alcohol. This means that under Section 23152(a), it is possible to be charged with DUI, even if your blood alcohol concentration was below the .08% legal limit.

However, in order to convict you, the prosecution must be able to prove that your ability to operate the vehicle safely was impaired.

Under Section 23152(b), it’s unlawful to drive with a BAC of .08% or above, period. This means that even if you were operating the vehicle like a sober person, you are still breaking the law by driving.

A “standard” DUI under sections 23152(a) and 23152(b) are both misdemeanors.

Alcohol Offenses Involving Minors

Additionally, there are alcohol offenses that strictly involve minors and young adults who drive under the influence, and driving with certain levels of alcohol in their system, some of which can be “infractions.”

If the DUI suspect is under 21 years of age, they could be charged with a DUI infraction. In this situation, the minor must ensure that they attend their court date, so a Failure to Appear is not issued against him or her.

What usually happens is the minor pays a fine and their driver’s license is suspended for one year. The DMV may also try to suspend their license for a year, which is an entirely separate issue from the criminal proceedings.

Arrested for DUI in Orange County? Call today to work with the DUI Queen, one of OC’s top DUI defense lawyers! Take advantage of our FREE consultation.