Legal Question in DUI Law in California

My best friend was recently arrested after he drove while drunk. He had a broken tail light he didn't know about and got pulled over. He was arrested, took a blood test, and was in jail for 8 hours. The officer told him that he wouldn't be getting a DUI. This is my friend's first DUI incident and he has no idea what could happen from here, especially if the office insisted he will not be charged with a DUI but something else.

What could the officer charge him with other than DUI? Also, if he gets charged with a DUI, what could he expect to receive from the courts for his first offense in a larger city?


Asked on 3/06/11, 6:06 pm

2 Answers from Attorneys
Rick Mueller San Diego County DUI Law Center

Possibly a refusal, probably Vehicle Code Section 23152(b) - driving with .08% or more BAC, possibly tailight, definitely VC 23152(a) - DUI.

Possible penalites: http://www.sandiegodui.com/penalty.html

Read more
Answered on 3/06/11, 6:10 pm
Paul Burglin Burglin Law Offices

A little odd that the officer would tell him that without knowing the blood test result. If the District Attorney declines to file DUI charges, then the most he is probably looking at is a fix-it ticket for the broken tail light. If your friend got his license taken away and was served with a suspension order, he should submit a hearing request with the DMV within 10 days of the incident.

Read more
Answered on 3/06/11, 7:27 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California