California DUI Attorney Drunk Driving Lawyer California DMV Hearing Lawyer

Home > California DUI > Criminal DUI Court Proceedings

California DUI Attorney
California DMV Hearing Lawyer San Francisco San Mateo Marin Alameda Contra Costa
California DUI Attorney California DUI California DMV Hearing About DUI Lawyer Contact DUI Attorney
Navigation Shadow Navigation Shadow
California DUI
Criminal DUI Court Proceedings
California DUI Laws
DUI Driving Cues
Bay Area Courts

Criminal DUI Court Proceedings

Criminal Court ProceedingsCriminal DUI charges will state that you were impaired while driving and that your BAC was at least 0.08% at the time you were driving. You will face these charges in a court of law, separate from the administrative DMV hearing, where you have the right to a jury trial. You also have the right to have your California DUI attorney represent you here, as he did at your DMV hearing. In a criminal case, certain elements must be proven beyond a reasonable doubt by the prosecutor and those elements depend on the type of crime. For a California drunk driving case, the elements are:

  1. Driving
  2. a vehicle
  3. while under the influence
  4. or in violation of the per se laws.

Per se is an alternate way of stating that you were driving with a BAC of 0.08% or greater. If the prosecutor cannot prove all of these elements the ruling must be made in your favor. In addition, if there is any reasonable doubt to any of these elements, not just the statement in its entirety, the criminal charges against you will be dropped. However, if the prosecutor is able to prove all the elements, you will be found guilty of the charges and various punishments will be imposed on you. You could face a license suspension (unrelated to the DMV suspension), fines, jail time, probation, mandatory attendance at alcohol-related classes and programs and you may be required to install an ignition interlock device on your vehicle.

The punishments will increase if:

  • You have previous DUI convictions
  • You were speeding or driving recklessly
  • You had a minor passenger in the vehicle
  • You caused an accident, injury or death
  • Your BAC was 0.15% or higher
  • You refused to take a chemical test

As with any criminal conviction you have the right to appeal a DUI criminal conviction.

California DUI and Criminal Law Resources

Home | California DUI | California DMV Hearing | About Our Firm | Contact Us
San Francisco County
(415) 552-6000
San Mateo County
(650) 570-3000
Marin County
(415) 552-6000
Alameda County
(510) 352-9500
Contra Costa County
(925) 288-9800