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California drunk driving cases are most commonly
referred to as DUI, or driving under the influence.
The applicable statutes for California DUI law are
Cal. Vehicle Code Sections 23152 (a), 23152 (b), 23153
(a), 23153 (b), 23140.
California does have a "per se" law, meaning that
it is illegal to drive with an alcohol level of .08 or
greater.
If someone is arrested for DUI, refusal to take a
chemical test can be used against them in court, and
also result in harsher penalties in court and with the
DMV.
The washout period for prior drunk driving
convictions is seven years. This is calculated from
offense date to offense date; the date of conviction
does not matter.
There are
special laws or court standards for
people under 21, including loss of driver's license
from court for one year. There are also special
Driver's License standards for arrestees under 21,
including the loss of driver's license for one year if
.01 or higher. |