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California DUI Laws

Home / California DUI Laws

In California, it is unlawful to operate a vehicle with a blood alcohol concentration (BAC) greater than .08% according to California Vehicle Code § 23152(b).). However, if you are under the age of 21, it is unlawful to operate a vehicle with a BAC greater than .01%. Fresno DUI Lawyer Gregory W. Fox can provide assistance if you have been arrested for driving under the influence (DUI).

Per Se Blood Alcohol Content (BAC)

  • Level: .08%

In California, it is unlawful for any person who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. In a criminal prosecution, it is a rebuttable presumption that the person had .08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had .08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

Zero Tolerance Blood Alcohol Content (BAC)

  • Level: .01%

In California, it is also unlawful for a person under the age of 21 years who has a blood alcohol concentration (BAC) of .01 percent or greater, as measured by a preliminary alochol screening test or other chemical test, to drive a vehicle.

Enhanced Penalty Blood Alcohol Content (BAC)

  • Level: .15%

In addition to other penalites for driving under the influence (DUI), if your blood alchol level was .15% or more, the court can consider this factor in enhancing the penalties at the time of sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional enhanced terms of probation.

Chemical Test Refusal (First Time Offense)

If an individual willfully refuses a request to submit to a chemical test, that individual may face a mandatory one-year license suspension and may not be eligible to receive a restricted license.

DUI Charges

Driving Under the Influence is a serious crime. If you have been charged with a DUI the Law Office of Gregory W. Fox will obtain all of the necessary information that may establish your innocence and work to ensure that your constitutional rights are not violated.

The Law Office of Gregory W. Fox provides experienced and aggressive DUI defense. If you have been charged with Driving Under the Influence of drugs or alcohol and would like to speak with an experienced DUI defense attorney, please contact us at (559) 222-5800 to schedule your free consultation. In most instances, appointments will be set for the same business day.

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    This website provides general information only. It should not be relied upon as legal advice. The law is constantly changing and differs from location to location. Applicability of the law is dependent upon the facts and circumstances of each case. You should consult an attorney about your particular situation. Transmission of this information is not intended to create, and receipt does not constitute an attorney–client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

    If you have any questions, or would like to schedule your free initial consultation, please contact us today at (559) 222-5800. Hablamos español.

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    Gregory W. Fox provides DUI, criminal defense, and personal injury representation throughout Fresno and the greater Central Valley of California including Fresno, Kern, Kings, Madera, Mariposa, Merced, Monterey, San Luis Obispo, Stanislaus, Tulare, and Tuolumne counties.

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    The Law Office of Gregory W. Fox
    191 West Shaw Avenue, Suite 208
    Fresno, California 93704

    Phone: (559) 222-5800

    FAX: (559) 222-5801

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    1. Monday–Thursday 8AM–5PM
    2. Friday 8AM–12PM
    3. Saturday–Sunday 9AM–4PM

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