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At this point, you must have many questions. The following
is an overview of the California
DUI Law, and the process you will go through in the California
courts when facing a California DUI. This should demonstrate
why the representation from the best California
DUI attorney is essential, and provide a sample of what
we can do for your DUI case.
What Is The Charge?
At the outset, we will assess what crime or crimes you are accused of committing. This is determined by the prosecutor when they file the complaint against you.
A complaint is the name given to the paper setting out the alleged violations of law. The complaint is the legal document that brings you to court and starts the legal process against you.
Usually in a DUI case, you will be charged with two separate criminal offenses:
Section 23152 (a) of the California Vehicle Code, driving under the influence; and,
Section 23152 (b) of the California Vehicle Code, driving with a blood alcohol level of .08% or higher.
You will also most likely have a license suspension matter before the DMV. This is not a criminal offense. It is a civil proceeding before an administrative agency, the California DMV.
The matter before the DMV will be brought under the Administrative per se suspension law. This is almost identical to the per se criminal charge, 23152 (b) driving with a blood alcohol level of .08% or higher, which you will also be facing in the criminal case.
Sound confusing? It can be both confusing and frightening if you don't have the proper representation when facing the California Courts. Please click below to select the California county where you need the best possible DUI Defense.
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