Legal Question in DUI Law in California

Driving Under Influence

If someone has been arrested drunk parked on a commercial center parkin and has a court date but does not have a US nor state driving license. What may happen to him?

Asked on 8/29/07, 2:47 am

1 Answer from Attorneys


Re: Driving Under Influence

An arrest for Driving Under the Influence (DUI)creates issues in two arenas. The first is within the criminal justice system in that it is a criminal misdemeanor. The second arena is in the administrative area where you can lose your privilege to drive.

If you don't have a California drivers license, obviously there is nothing to take from you. However, if end up with a conviction for a DUI you can lose your ability to obtain a license in California and other states. It may be worthwhile to look into it to prevent trouble obtaining a license in the future.

As for the criminal proceedings, from your description of the events you may want to talk to an attorney. One of elements of the offense is that you were operating a vehicle. If you were parked you may have an issue to work with to fight your case. The legislature in California has set forth certain mandatory minimum sentences for DUI offenses that the judge has no discretion to go below. For a first offense, that involves 48 hours in jail, a rather large fine (often $1,300 and up), an order to go a DUI school (the length depends on the blood alcohol level, three years probation and some other conditions.

As with any criminal matter, I believe it is usually helpful to talk to an attorney just to be clear about all of the potential consequences of a conviction and possibilities of defenses.

I hope this answered your question. Good luck,

Elena Condes

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Answered on 9/04/07, 4:04 pm

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