DUI Process in California

Getting arrested for DUI is a very troubling event and serious matter. You face thousands of dollars in fines, possible jail time and losing your license. This is not a matter you should attempt to resolve without an attorney.

There are three primary crimes you may be charged with if you are suspected of driving under the influence of alcohol. 1. Driving Under the Influence, 2. Driving While Your Blood Alcohol is 0.08% or Higher, and 3. Felony DUI.

Driving Under the Influence

CVC § 23152(a) makes it unlawful for any person who is under the influence of an alcoholic beverage or any drug, or under the combined influence of alcohol and any drug, to drive a vehicle. It is not necessary that you be drunk to be charged with this crime. You are guilty of this crime so long as you drove while you were impaired such that you were not as cautious or alert as a sober person would have been in similar circumstances.

This may be proven by testimony and/or evidence showing your demeanor, appearance, inability to complete coordination test, and the concentration of alcohol in your blood following your arrest. However, the same evidence may be used as a defense to prove that you were not impaired. You will need a qualified lawyer to put on a defense.

Driving While Your Blood Alcohol is 0.08% or Higher

CVC § 23152(b) makes it unlawful for any person that has a blood alcohol concentration above 0.08%, or more, to drive a vehicle. Moreover, if you perform a chemical test indicating your blood alcohol is 0.08% within three hours of driving, it raises a presumption you were impaired, but the presumption may be rebutted. This can be done with testimony and/or evidence showing that your blood alcohol may have been lower when you were driving.

There are many ways to prove that a chemical test was inaccurate or did not accurately indicate your blood alcohol concentration when you were driving. However, you will need the assistance of a lawyer to present this evidence and defense.

Felony DUI

CVC § 23153 makes it unlawful for a person to drive under the influence of alcohol and/or drugs, and do any forbidden act or neglect any duty imposed by law, which act or neglect proximately causes bodily injury to any person other than the driver. Moreover, it is a rebutable presumption that the person had 0.08 % blood alcohol concentration if the person performed a chemical test within three hours after driving.

Again, There are many ways to prove that a chemical test was inaccurate or did not accurately indicate your blood alcohol concentration when you were driving. However, you will need the assistance of a lawyer to present this evidence and defense.

Conclusion

The punishment for driving under the influence is serious. You can easily lose your driving privileges AND your car may be impounded for a month. You will need a qualified lawyer to evaluate the merits of your case, determine your best course of action, and assist you with your license suspension and/or car impoundment. Don’t risk it all. If you have been arrested for driving under the influence I will gladly give you a free evaluation of your case. I provide quality legal services at an affordable price.