DUI and DMV Charges
Being arrested for driving under the influence of alcohol or drugs (DUI) in violation of California Vehicle Code section 23152 can be a confusing, life altering experience. If you have been charged with a DUI, you need to contact an experienced California DUI defense attorney. From the very beginning of the legal process, your attorney will provide you with valuable information and advice to protect your long-term interests.
A California DUI arrest typically initiates two separate cases. The first case is the driving under the influence criminal case. The District Attorney of the county in which the DUI arrest occurred will typically charge the driver with two separate criminal violations. The first criminal charge is for driving under the influence of alcohol, or drugs in violation of California Vehicle Code section 23152, subdivision (a). The second criminal charge is for driving with a blood alcohol concentration of .08 percent or greater in violation of VC 23152, subdivision (b).
The second DUI case is a California Department of Motor Vehicles Administrative Per Se (APS) action, where an individual is at risk of having their California driver’s license or privilege to drive in California (if licensed by another state) suspended.
Drivers arrested for driving with a blood alcohol concentration (BAC) of .08% or greater have only ten (10) days from the date of the arrest to request a California DMV Administrative Per Se (APS) hearing. If a hearing is not requested within ten (10) days of the arrest, the individual’s California driver license or privilege to drive in California (if licensed by another state) will automatically be suspended thirty (30) days from the date of the arrest, for a minimum of four (4) months.
Penalties in a California DUI case
Driving Under the Influence of alcohol or drugs (DUI) is a serious offense and invites strict law enforcement through fines and penalties, probation and if the case is severe, imprisonment.
First and foremost, the legal drinking age is 21. This rule itself leads to the zero tolerance law. In simple terms, this means that since it is illegal for a person under 21 to drink alcohol, it is also illegal to drive any vehicle with alcohol in their system. So, if you are under 21, and charged with a DUI in California, be prepared to have your license taken away.
In California, driving under the influence of alcohol or drugs invites stiff penalties, fines and punishment. For that reason, it is imperative that you have a knowledgeable criminal defense lawyer handling your DUI case from the very beginning. The Law Office of Edward Shkolnikov handles cases in both State court and Federal Court throughout California.
Los Angeles Criminal Defense Attorney Edward Shkolnikov will provide you with time, preparation, respect, and persistence you should expect when you hire a criminal defense attorney. Trusted and respected by judges and prosecutors, Edward Shkolnikov takes DUI cases to jury trial and negotiates deals that often save peoples’ licenses, careers and freedom. He practices DUI law extensively in the Beverly Hills, LAX, Metropolitan and Torrance Courthouses as well as San Fernando Valley courts.
If you need a California criminal defense attorney you can trust The Law Office of Edward Shkolnikov to do everything for you, guidance you should expect to get the best possible result.