A California DUI / DWI arrest triggers two separate cases – in criminal court, and at the Department of Motor Vehicles. Although both cases are extremely serious, the DMV case is far more pressing. Drivers accused of DUI / DWI in California have only 10 days from the date of arrest to request a hearing with the DMV. If the driver doesn’t request a hearing, his or her driver's license will be suspended automatically on the 30th day following the arrest.

The criminal case filed against California DUI / DWI defendants consists of two different counts. The first count focuses on whether the driver was under the influence of alcohol or drugs, which is defined under California law as being unable to drive with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances."

The second count, known as the “per se” charge, focuses on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. When it comes to the per se charge, it’s unimportant whether the driver was impaired. The driver’s BAC is the sole consideration.

Although most California DUI / DWI arrests are charged as misdemeanors, some accused drivers face felony charges. Anyone with three prior drunk driving convictions within the past 10 years will be charged with a felony after a fourth arrest. A driver who injures another person also may face felony charges. Drunk driving with injury is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony. Also, any driver who has been charged with felony DUI / DWI within 10 years will face felony charges again for any subsequent drunk driving arrest.

The "washout" period for DUI / DWI California is 10 years, and is calculated from arrest date to arrest date. This means that anyone arrested for driving under the influence within 10 years of the last arrest date will be charged with a second offense, with increased penalties. The court punishment for a second or third drunk driving conviction is much harsher than for a first offense – a multiple-offense drunk driving convictions bring mandatory jail time, an 18-month alcohol education program, a required ignition interlock device, and more.

Any court punishment in a California drunk driving case is completely separate from the consequences imposed by the Department of Motor Vehicles. The DMV will suspend the motorist’s driver’s license for a minimum of four months for a first-offense DUI / DWI arrest if the driver loses his or her administrative hearing. The DMV will suspend the driver’s license for one year for a second offense and two years for a third offense. These are the repercussions faced by drivers who submit to a chemical test of their blood or breath.

If the driver refused a chemical test, the DMV will increase the punishment – a first-offense will trigger a one-year suspension with no opportunity for a restricted license. A second offense with refusal will result in a two-year suspension, and a third offense will net a three-year suspension.

The consequences of a California DUI / DWI arrest are extremely harsh, so any motorist accused of driving under the influence needs expert legal advice. The skilled attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have experience defending both misdemeanor and felony DUI / DWI charges. A skilled criminal defense attorney who concentrates on drunk driving cases can provide a free consultation and develop a proven defense strategy designed to keep negative consequences to a minimum.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.