In California anyone arrested for DUI, (Driving under the Influence), even if he/she is not convicted, is considered a "problem driver" and therefore is required to file a, form SR-22, Proof Certificate of California Insurance with the Department of Motor Vehicles. In the recent times, after many new laws and Supreme Court decisions in recent years, the penalties for drunk driving can be extreme.
There are two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b) of California laws:
- 23152(a) to drive under the influence of alcohol and/or drugs is a misdemeanor.
- 23152(b) to drive with .08% or more of alcohol in your blood is a misdemeanor.
Both the offenses will be charged in most cases. Vehicle Code section 23513 sets forth the "felony DUI" provisions if an injury results due to the drunk driving. When a death occurs, Code sections 191.5 and 192 describe the crime of as vehicular manslaughter.
Once the driver is arrested, an evidentiary chemical test is required of the suspect, normally at a police station. These are the procedures:
- Upon arrest, the driver must be advised of your constitutional rights ("Miranda" warning) before further questioning.
- The driver must be allowed a choice of breath or blood testing; if the driver refuses to these tests, he or she must be informed of the legal consequences.
- The driver must choose either a breath or blood test even without the presence of an attorney.
- When breath test is administered at the police station the driver must be given a chance to obtain a blood sample for later independent testing by his/her defense attorney.
- The driver’s license will be suspended immediately if the breath test result is over 0.08% and if a blood sample is taken for later analysis, or if the suspect refuses chemical testing. The officer confiscates the driver's license and issues a pink "Notice of Suspension" form, which will also serve as a temporary license for 30 days.
Though most of these criminal proceedings will most likely involve multiple court hearings, the defendant will not be required to appear at most of them generally provided he is represented properly.