California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Laws A to Z
California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Penalties
The impact of a DUI conviction can haunt a person for years to come. But a good attorney can often get penalties reduced…and sometimes even get the case dismissed
DMV & Licenses
A good DUI attorney may be able to get the license suspension reduced, or even avoided altogether
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Mistakes within a police report can significantly impact a DUI case – and could potentially result in the case getting dismissed or the accused getting acquitted at trial.
Errors on a police report could show any of the following:
All of these can help a defendant charged with driving under the influence in California.
Some places within the report to look for flaws include:
There are three main ways that a flaw in a police report can positively affect a defendant’s DUI case. These are when a flaw shows that:
Any one of these mistakes could lead to evidence getting suppressed from a case and even charges getting dismissed or reduced.
Police reports contain much information. In the context of a DUI case, persons accused of the offense should look for errors in the following:
In general, administrative errors (for example, mistakes in a name or description) will not significantly affect a case. However, if there are many types of these flaws or other types of errors within the report, they could all bring into question the officer’s investigation as a whole. And, this could provide enough reasonable doubt as to an accused’s guilt.
Vehicle Code 23152a VC is the California statute that makes it a crime for a person to operate a motor vehicle while under the influence of alcohol.1
“Under the influence” means that a person’s physical or mental abilities are impaired to the extent that he can no longer drive as well as a cautious sober person.2
Vehicle Code 23152b VC also makes it a crime for a person to drive while intoxicated. The statute sets forth the “per se” definition of DUI and states that a person is guilty of DUI if driving with a blood alcohol content (BAC) of 0.08% or higher.3
In California, first, second, and third DUI offense charges are prosecuted as misdemeanors.
Penalties for a California DUI conviction may include:
Yes. Defendants can raise other legal defenses to try and contest DUI charges. They are not limited to pointing at errors in a police report.
A few other common DUI defenses include defendants showing that:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.