Driving under the influence (DUI)
Driving under the influence of alcohol or drugs (“DUI”) is a serious crime in California. Defendants must fight two fronts:
- The Department of Motor Vehicles (DMV) in California may try to terminate their driving privileges.
- The state may press for criminal charges. (Vehicular Law 23152).
The lapses are usually strict tax. If you do not attend the hearing with the DMV, for example, the state will suspend your license automatically. These issues can be complicated by certain additional factors. For example, if you are being arrested driving aggressively with the police, there is a child in your vehicle, is involved in an accident or police discovered marijuana hidden in his car, he could face additional charges.
The criminal defense team has shown great success rate in getting charged with DUI in Orange County are reduced and / or dismissed. We know how to guide our clients through the difficult process of responding effectively to the challenges that the court and the DMV put their rights.
You must remember that the charges of driving while intoxicated are very serious and should not be taken lightly. Convictions can lead not only to the driver and front jail probation, but there is also the very likely possibility of losing the privilege of having a valid driver’s license. There are in the California Vehicle Act, specifically sections 23152 (a) and 23152 (b), statutes commonly used in cases involving drunk drivers. According to the Traffic Act, Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Under subsection (b): “It is unlawful for any person having 0.08 percent or more, by weight, of alcohol in his blood, driving a vehicle For purposes of this Article and Section 34501.16,.” The percentage by weight of alcohol in the blood of a person is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters breathe “. Therefore, the person can be convicted of violating this statute even if the content alcohol in his blood is less than .08 marks (BAC). This is an important factor that sometimes causes too much confusion to customers who are not familiar with this section of the law. Some of the sentences imposed by the courts on those convicted of driving while intoxicated, are as follows:
First time:
- License Suspension: 4 months (or 1 month with five months suspended restriction).
- Probation: from 1-5 years (usually three years).
- Alcohol Education Classes (Level 1, or Alcohol Education Program); 3 to 6 months.
- Fines: USD $ 390.00 to USD $ 1,000.00 + penalties and assessments.
- Possible jail time: in 0-6 months.
Second time:
- Suspension of License: 1-2 Years.
- Probation: from 1-5 years.
- Alcohol Education Classes: 18 Months.
- AA meetings. (Alcoholics Anonymous).
- Fines: USD $ 390.00 to USD $ 1,000.00 + penalties and assessments.
- Possible jail time: 96 hours to 1 year.
Third time:
- License Suspension: 3 years.
- Probation: from 1-5 years.
- Alcohol Education Classes: 18 Months.
- AA meetings.
- Fines: USD $ 390.00 to USD $ 1,000.00 + penalties and assessments.
- Possible jail time: 4 months to 1 year.
- The installation of ignition interlocks mechanism in the vehicle.
Fourth time:
- License Suspension: 4 years.
- Parole: Can be state or of 1-5 years imprisonment.
- Alcohol Education Classes: 18 Months.
- AA meetings.
- Fines: USD $ 390.00 to USD $ 1,000.00 + penalties and assessments.
- Possible jail time: 6 months to 3 years.
- The installation of ignition interlocks mechanism in the vehicle.
Of course if there is an accident involving injury to someone else besides the driver, then the office of District Attorney (DA) could classify the offense as serious, according to the Traffic Act, Section 23153 (a): “It is unlawful for any person, who while under the influence of any alcohol or drugs, or under the combined influence of any alcoholic beverage type drink and drugs, driving a vehicle while carrying out any act prohibited by law or neglects any his duties as driver imposed by law to operate a vehicle if such action or negligence may cause most likely physical injury to someone other than the driver, “or according to the Vehicle Act, section 23153 (b):” It is unlawful for everyone, while having 0.08 percent or more, by weight, of alcohol in his blood, drives a vehicle while carrying out any act prohibited by law or neglects any action imposed by the law to drive a vehicle if that action or negligence can cause physical most likely someone else other than the driver ‘injuries.
In the following instances, the district attorney’s office has the option to charge the accused with what are known as “aggravating” that can be added to the potential penalties:
- I go less than 14 years in the vehicle at the time, (Vehicular Law Section 23572).
- The accused exceed 20 or 30 miles speed limit at the time, (Vehicular Law 23582).
- That alcohol concentration (BAC) exceeds .20%.
- The accused refuses to apply a blood chemistry test (Vehicle Act Section 23577).
- You have made injuries or damage to property.
- The accused is under 21 years (proof of the level of alcohol in the blood is much lower and much higher suspension).