San Diego California has California DUI law – the most strict in the USA – 2 cases immediately are triggered any time a person is arrested for DUI. 3 cases if you also include San Diego’s California Department of Motor Vehicles (DMV) administrative per se hearing.
First, the California Vehicle Code section 23152(a) case.
Second, the California Vehicle Code section 23152(b) case
Lastly, the drivers license privilege case in the DMV.
The San Diego California DUI court will usually handle the first two charges – If the San Diego DUI arrestee refuses to take a chemical test, only the first San Diego DUI charge will usually be prosecuted. But an additional charge of refusing the San Diego DUI chemical test will be added.
San Diego California DMV / APS civil case deals with one’s right to drive in San Diego California and throughout California, one’s California drivers license, and/or one’s out-of-state license with the privilege to drive in San Diego California.
A San Diego Drunk Driving arrestee’s San Diego DUI Lawyer must set up the DMV DUI hearing/trial by contacting San Diego DMV within the first 10 calendar days after the San Diego California DUI arrest. A person will most likely lose this case at the DMV if he/she doesn’t have a San Diego DUI lawyer or San Diego drunk driving attorney handle the San Diego California DMV hearing.
A person charged in San Diego California for a San Diego DUI who was on drugs will only be charged with California Vehicle Code section 23152(a). For this count, the prosecutor will try to prove that the San Diego California DUI arrestee had lost their physical or mental faculties or they were unable to drive their car with the same caution characteristic of a sober person, under the same or similar circumstances. One can get convicted for San Diego California DUI or San Diego California drunk driving even though she or he has not consumed any alcoholic beverages. This applies to prescription drugs as well. A San Diego DUI arrestee can be charged and convicted without any alcohol in your body: just with what the doctor prescribed.
The San Diego California Vehicle Code section 23152(b) charge is for alcohol – one must be .08% or more blood or breath alcohol content. The San Diego California DMV applies this same standard. A San Diego DUI arrestee will usually win her or his Administrative Per Se hearing at the DMV if she or he has less than .08% alcohol level as measured by the San Diego DUI police tests.
A San Diego person under 21 years old in San Diego California is not allowed to consume any alcoholic beverages. A San Diego California Under 21 arrestee is generally prohibited from drinking and driving. A .01% or more standard applies. Consult a San Diego DUI Lawyer to see if a challenge or foundational objection can be made to this San Diego DUI attorney evidence.