It is not illegal to drink and drive. It is illegal to drive if your blood alcohol content is at a concentration of .08 or above. It is illegal to drive under the influence of alcohol or drugs such that you can’t operate your car with the caution and care of a sober person. Unless you have previously been convicted of a DUI offense, however, it is typically not illegal to drive after a couple of drinks. This article is aimed at those drivers—those who drive after having had some alcohol, but are nevertheless afraid that they could erroneously be prosecuted for driving under the influence.
Articles Tagged with dui
Why you need to schedule a DMV hearing if you’ve been charged with a DUI
Getting arrested for a DUI or DWI in Orange County can be one of the scariest moments of your life. In the confusion of having to perform field sobriety tests, take a blood alcohol test and being taken to jail, you may not have noticed the pink sheet that the officer gave you if and when he confiscated your driver’s license. That pink sheet of paper serves as your temporary license and has an important warning: “You must call the DMV to schedule a hearing within 10 days of your arrest”.
Why is this so important? When you are arrested for a DUI or DWI, there are two agencies that prosecute you– the state (meaning the District Attorney’s office or City Attorney for those living in Anaheim) and the DMV. The state can impose penalties such as jail, fines, classes, community service and probation. The DMV imposes an additional penalty- it tries to suspend your driver’s license.