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Home DUI Defense DUI Laws

DUI Laws Explained by Los Angeles Criminal Defense Attorneys

DUI laws differ slightly from state to state. Some states refer to it as "driving under the influence" (DUI), while other states refer to it as "driving with influence" (DWI). They are both referring to the same crime - our website will use the term DUI but for those states that call it a DWI the following still applies.

If you are accused or suspected of DUI, call us at (800) 458-1488 immediately!

In order to convict a person of DUI, the prosecution must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 percent or more, by weight, of alcohol in the blood. A DUI case may be charged as a misdemeanor or as a felony. It may be charged as a felony where someone is injured (usually when an accident is involved), or where the accused has three or more prior DUI convictions (or convictions that count as a prior DUI, such as a "wet reckless"). These convictions must have happened within seven years of the new charge to count against the accused as a prior conviction. When you are pulled over and the police officer suspects you of a DUI, there are certain things that the law requires you to do, and certain things that are voluntary. The only thing that the law requires you to do is submit to a chemical testing of your blood or breath at the station. Everything else, such as answering their questions, performing field sobriety tests, or blowing into the Preliminary Alcohol Screening test (PAS test), is voluntary!


If you've been accused of a crime, but NOT formally charged yet, call us immediately.


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