Law Offices of Donald J. Matson, PC.
Law Offices of Donald J. Matson, PC.

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(626) 600-3437

How Is DUI Actually Defined Under California State Law?

23152(a) states it is unlawful for a person who is under the influence of an alcoholic beverage to drive a vehicle.

23152(b) states it is unlawful for a person who has 0.08% or more alcohol in their blood to drive a vehicle.

23152(f), states it is unlawful for a person to drive while under the influence of an intoxicant (drug DUI).

Depending on the circumstances, a combination of these charges could be levied against a defendant.

Do I Have To Give A Breath Or Blood Sample During A DUI Arrest In Pasadena, California?

It is your right to refuse a breath or blood sample during a DUI arrest in Pasadena, Ca. However, in California when people receive their driver’s licenses, they agree to Implied Consent. Implied Consent makes it mandatory for any driver to provide evidence to determine their blood alcohol concentration. A police officer has a reasonable request that you submit to chemical testing, which requires probable cause.

If you refuse to provide that sample, the DMV will suspend your license for one year. Additionally, the court may subject you to more penalties. The police have the power to seek a blood warrant from a judge and they’ll state the reasons why they think you’re under the influence. And then despite having refused to provide a chemical sample, they can get a blood sample from you.

What Do I Need To Know About My Driver’s License After A DUI Arrest In LA County?

When you are arrested for a DUI, the police give you a temporary license that’s valid for only 30 days and called the DS367. It is pink paper and on that paper. On the back side of it, it states what you need to do to preserve your right to drive. Doing nothing 30 days after your arrest, your license is automatically suspended by the Department of Motor Vehicles.

To get your licenses reinstated you will need to enroll in a state-approved minimum 3-month alcohol program, obtain a special insurance certificate (SR-22), and install an ignition interlock device.

To keep your license,10 days after your arrest, you must contact the Department of Motor Vehicles’ special branch called the Driver Safety Office and request a hearing and a stay of suspension. If your hearing is not for four months, you are allowed to drive during those 4 months without a suspension up until you have your hearing and at least nine days after the decision on that hearing is mailed out.

If the driver voluntarily enrolls in the minimum three-month alcohol program (AB541), gets an ignition interlock device installed, and obtains SR-22 car insurance, they can go to the DMV, pay what’s called the reissued fee, and get a restricted license.

For more information on DUI laws in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 600-3437  today.

Donald J. Matson, Esq.

Call For A Free Consultation
(626) 600-3437

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