Whether you have been charged with DUI or are simply curious about California’s traffic laws, getting the information you are looking for can be complicated. Many nuanced laws govern how DUI cases are charged, litigated, convicted, and sentenced. Furthermore, many of these laws result from judicial decisions and review rather than legislation, making them more complicated and often more challenging to research.
We know firsthand how confusing and intimidating it can be for newcomers to begin researching this area of law—we were students at one point, after all. To make things easier, we have compiled a comprehensive library of California’s case laws governing DUI. Here, you can quickly locate a topic on which you want information and read a concise explanation of the rules and punishments associated with a specific crime or law.
If you have been charged with DUI, we recommend scheduling a free consultation at Braden & Tucci. While this library will be helpful for information, it is not a substitute for an attorney with years of experience litigating impaired driving cases. We will discuss your case with you, explain how and why you are being charged with DUI, and explain how we can fight your charges.
The term “case law” refers to a precedent set by court decisions to help resolve disputes and guide future rulings. Case laws establish the principles that courts use to interpret statutes, regulations, and other applicable laws. They are precedents for future cases with similar facts or legal circumstances.
Case law is a form of common law that relies on the judicial system to build on existing ideas and set new precedents. When deciding on a particular case, the judge will consider previous decisions made in similar circumstances and draw upon that knowledge when forming their opinion. Judges also look to academic writing - such as legal treatises - for guidance. In this way, case laws evolve as they are informed by new sources of information and changing circumstances.
Case laws provide an essential source of authority for judges when interpreting legislation, regulations, and other applicable laws. Courts often refer back to earlier cases with similar facts or legal issues, known as stare decisis – Latin for “let the decision stand” – so there is consistency in the application of the law across cases within similar jurisdictions. This helps ensure fairness and predictability within the legal system.
California DUI Case Laws
California DUI case law is complex and constantly changing. Staying current on the latest developments and understanding their impact on state law can be challenging.
Fortunately, resources are available to help you navigate the complexities of California’s laws regarding DUI. Each of the pages listed below provides an overview of critical aspects of this area of law.
Our site features webpages on the following areas of California DUI case law:
- Bodily Injury Inflicted on Another Person
- California DUI Punishments
- DUI in Highway Construction or Maintenance Zones
- DUI in Safety Enhancement Zone
- Under 21 DUI Law in California
- Excessive Blood Alcohol Level 0.20% or Above
- Fourth or Subsequent DUI Conviction
- Impoundment of Vehicles or Sale as a Nuisance
- Legal Definition of a Negligent Operator
- Minor Passenger Under 14 in the Car During DUI
- Over 21 DUI Law California
- Prior Felony Conviction Within 10 Years
- Chemical Test Refusal or Failure
- Second or Subsequent DUI Offenses
- Speed Exhibition and DUI
- Speeding and Reckless Driving DUI
- Dry Reckless California DUI
- Wet Reckless California DUI
As you can see, the extent to which judicial decisions affect our DUI laws in California is tremendous. When researching any area of law, it is important to make sure that any information you come across is up to date and presented in the greater context of case law.
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Former President of the CA DUI Lawyers Association
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Our attorneys at Braden & Tucci have practiced DUI law since our firm opened in 1997. In that time, we have seen DUI law change due to both legislation and judicial decisions and review. We do not simply make an effort to stay informed on the changing tides of DUI law, we consider it a responsibility that is integral to the success of our firm. When we are on the case, you can be sure that we are preparing a defense based on every aspect of DUI law, whether dealing with an old and consistent law or case law that was established recently.