Driving Under the Influence is more complex and involved than most people realize. The time that you have available to respond to the charges is surprisingly short. Contacting an attorney to discuss your case should be one of your first priorities.
The charge has two parts to it: the DMV and the DA.
The DMV may presumptively suspend your license unless you contest it with them at a specific hearing, even if the criminal case is still pending. This hearing must be scheduled within ten days of your arrest. This is separate from the actual court process.
The court process begins when the District Attorney’s office decides to file charges. The basic Driving Under the Influence (DUI) charge will typically feature, at minimum, two separate charges: VC23152(a) and VC23152(b). If you have had prior DUI convictions, or had a particularly high blood alcohol level, there could be additional charges and enhancements.
Put in basic terms, 23152(a) claims the alcohol (or controlled drug) in your system was impairing your ability to drive with the same care and caution as a sober person. 23152(b) claims that the alcohol concentration in your blood was .08% or greater at the time of driving (the “legal limit”). It is possible to be convicted under either or both of these charges.