DUI Laws in California
Laws concerning driving under the influence vary greatly state by state. California has it’s own laws regarding complications of driving while on drugs, breathalyzer tests, civil damages available, and more.
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California's Driving While Addicted LawWhen living or visiting California, it is illegal to drive while currently addicted to a drug, and even if these crimes are not often prosecuted against the person, they could lead to serious consequences. For those that will drive in this state, it is important to know what these legal rules mean and how they affect each person behind the wheel.
Read more- Civil Damages Available in a California DUI Accident
An accident in California that involves a driver under the influence of drugs or alcohol usually requires the victim to sue the individual for damages to have any chance of financial recovery from the injuries along with securing money for property damage and repairs. Filing the claim usually requires the services of an experienced and knowledgeable lawyer.
Read more - Complications of Driving While High in California Criminal Cases
When driving in any state in the country, it is illegal to have consumed or taken an illegal drug, but there are additional complications based on the specific location such as California. The laws of this area include the unlawfulness of any individual driving to have taken any drug including marijuana no matter how long the person is driving.
Read more - DUI in California - When Is It Considered a Felony?
Felony charges for driving under the influence of drugs or alcohol may happen in four different situations, but these charges are usually in reserve for injury to others or property damage no matter which state. In California, it is important to know these laws to avoid felony DUI convictions that could forever change the life of the perpetrator.
Read more - Breathalyzer Test During a California DUI Stop - Can I Refuse?
Refusal of submitting to a breathalyzer test is possible even in California, but this may require a blood test through implied consent laws in this state which are immediately punishable if refused. Some may caution the driver about taking a portable breath test before using a more reliable blood test to prove the lack of alcohol influence on the driver.
Read more - Do DUI Checkpoints Violate the Fourth Amendment?
For many people who are stopped and arrested for driving under the influence after going through a DUI checkpoint, a very common question is whether or not these checkpoints comply with the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. The U.S. Supreme Court has previously held that an officer must have probable cause that the driver is engaged in some sort of illegal activity before he or she can legally pull that vehicle over.
Read more - What is Retrograde Extrapolation?
Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. In the context of DUI cases, it is often used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.
Read more - 5 Facts about Driving Under the Influence of Marijuana in California
While we are all aware of the facts of driving under the influence of alcohol, the laws about driving under the influence of marijuana are not as publicly known. With the recent legalization of marijuana in California, it is important to understand how it affects drivers. Here are 10 facts about driving under the influence of marijuana that will help you understand how you are affected.
Read more - DUI and the Military
One frequent concern that those arrested for driving under the influence may have is what effect a DUI conviction would have on a potential military career.
Read more - What Is BAC & How Is It Measured?
A short explanation on Blood Alcohol Levels.
Read more - Pleading No Contest to DUI
When a person is charged criminally with a DUI offense there are several different pleas that he or she can enter in court.
Read more - When Is a DUI Considered a Second DUI in California
How much time must pass between DUI convictions before a new charge is no longer considered a "second DUI"? Many people who have old DUI convictions on their record may not realize that the old conviction can be used to enhance the penalties on any subsequent conviction for driving under the influence. However, there is a limit to how long a prior DUI conviction can affect the mandatory sentencing requirements on a new DUI charge.
Read more - Understanding the Laws on Underage Drinking in California
Like many other states, California has a number of underage drinking laws that prohibit people under 21 years of age from drinking or being in possession of alcohol. Specific laws that individuals should be aware of and related information about these laws include:
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