DUI
What is DUI?
DUI proceedings
An aggressive defense
What is DUI?
· Driving under the influence, also known as DUI, is a common yet serious offense with severe consequences. According to the California Vehicle Code, a person is considered "under the influence" if he or she is unable to operate a motor vehicle in the same manner as an individual who has not consumed alcohol and/or drugs. [VC 23152 (A)] California also prohibits the operation of a motor vehicle when blood alcohol content is 0.08% or greater regardless of an individual's ability to drive.
· California imposes strict penalties for DUI and driving with 0.08% blood alcohol content such as fines, jail time, suspension of driving privileges and/or probation. Penalties increase with subsequent offenses and may include a felony or murder charge for serious offenses.
DUI proceedings
· Confiscated License: If the police officer confiscated your license you will have it back if you prevail in the hearing. It is important in this case to have an experienced attorney that can give you a better chance to set aside the action against your driving privileges. You or your attorney must immediately request a hearing.
· Order or Notice of Suspension and Temporary License: If the police officer gave you a document, it is likely to be an order of suspension and a temporary license. You must immediately request a hearing and contact an experienced attorney.
· Chemical test (blood, breath or urine test): If you are 21 years old or older, took the chemical test and it showed 0.08% or more blood alcohol concentration (BAC) it is likely that your license be suspended, provided that there are no more aggravating situations. A first offense four-month suspension will be applicable to you, as well as a suspension for one year if yours is a second offense. It is mandatory to take the chemical test when requested to do so.
· DMV Administrative Per Se (A.P.S.) hearing: If you were just arrested, the first thing we will do is ask the DMV for a hearing and a stay of your suspension. This should be done within 10 days of your arrest and will grant us time to plan your defense to set aside a suspension or revocation.
· Specific situations and aggravating facts: In situations where you have had a prior or multiple DUI convictions, an aggravating factor is present - like a high BAC -, or you are involved in an accident where somebody got hurt, please do not hesitate to call me. In all the mentioned cases, you will need an experienced attorney to have an aggressive defense.
- Just like driving a car, operating a vessel after having alcoholic can lead you to have your driving privileges suspended. If you are convicted for boating under the influence in California, this will appear as a DUI on your driver record. The aggravating facts, such us a high BAC (0.08% or more), apply to DUI and to BUI.
An aggressive defense
· An illegal stop and arrest is prohibited by the 4th amendment. This defense can be used in your case, depending on the facts.
· Although there are various tests administered to determine an individuals blood alcohol content, these tests are questionable in accuracy. Blood and urine tests are prone to human error and require strict procedures to be followed in order to be deemed reliable. Additionally, breath machines may indicate the alcohol absorbed from everyday environmental situations or show questionable results due to radio frequency interference.
· An experienced attorney is able to aggressively defend even the most evident DUI cases, even those with prior DUI cases. With so many serious consequences at stake, be sure to have an experienced attorney review your case prior to evaluating your own guilt.
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