Debunking Common Misconceptions About DUI Laws In California

In this FAQ article, you can discover…

• Whether you can get a DUI charge in California if your BAC is below 0.08%.
• Whether first-time DUI charges are classed as misdemeanors or mere traffic offenses.
• How DUI laws apply when your vehicle is on private property.

Can You Get A DUI In California If Your BAC Is Under 0.08%?

California law enables police officers to arrest individuals for DUI even if their BAC is below 0.08% as long as they are impaired. If your driving is noticeably affected by alcohol or drugs (even at 0.04% BAC), you can still be charged. It is worth noting that commercial drivers and people under 21 face stricter standards.

Can You Be Arrested For DUI In California For Taking Prescription Or Over-The-Counter Medications?

Whether prescription or over-the-counter, a medication that impairs your ability to drive safely can lead to a DUI under California law. Common examples include sleep aids, allergy meds, anxiety pills – and even cold medicine. The law focuses on impairment, not just the legality of the substance consumed.

Is A First-time DUI In California Considered A Misdemeanor Or Just A Minor Traffic Violation?

First-time DUIs in California are classified as criminal misdemeanor offenses – not just traffic citations. Repercussions can include license suspension, fines, DUI school, and jail time. Felony DUIs occur when someone is injured or if it’s your fourth DUI offense. A DUI conviction remains on your permanent record, potentially impacting your employment and insurance opportunities if a California DUI attorney is unable to successfully mitigate the charges.

Can You Avoid A California DUI Charge If You Were Driving On Private Property?

No. California’s DUI laws apply to all places where the public has access and – and this includes private property. Whether it be driveways, parking lots, or private roads, being caught driving while intoxicated can lead to criminal charges. In the past, courts have upheld DUI charges that happened in apartment complexes and private farms. Given that police can still make arrests for these offenses on private property, the best thing to do is contact a DUI defense attorney if you are facing similar circumstances.

John Abel Law Office is an experienced DUI defense law firm based in Fresno, California, committed to protecting the rights and best interests of those facing DUI charges throughout the Central Valley. Drawing from a deep knowledge of California DUI laws, attorney John Abel takes a personalized and assertive approach to criminal defense – helping clients navigate complex legal situations with calculated care.

Have questions, or in need of legal representation? Call the John Abel Law Office for an initial consultation today!

Is It True That A DUI Charge Can Be Dismissed If The Officer Forgot To Read Your Miranda Rights?

No. While an officer’s failure to read you your Miranda Rights could result in a suppression of evidence against you, it is unlikely that your entire case will be dismissed on that one point. Having said that, it is important to let your attorney know if an officer failed to read you your Miranda rights during a DUI arrest, as evidence obtained without your consent (including statements you made) could be suppressed, potentially allowing the charges against you to be more easily reduced or dropped.