We have represented many clients in dui cases over the years and on every case we contact California DMV well within 10 days of the arrest and schedule an APS Hearing because one of our biggest concerns is making sure your license suspension is not longer than necessary so you can drive to and from work as soon as possible. We also will guide you to all the steps of getting a restricted license if necessary.
We handle a significant amount of DUI cases every year since our practice is focused on vehicle crimes. DUI defense requires a lot of technical expertise and experience. Our law office handles DUI -VC 23152 (a) driving while impaired and VC 23152 (b) driving with .08 or more and a lot of the related charges driving on suspended license, high blood alcohol enhancements, child endangerment, second, third and felony dui. On misdemeanor DUI's I appear in court on your behalf. Depending on the case we can retest blood evidence, have the prosecution's evidence (ie police report), reviewed by an expert forensic toxicologist, obtain MVARs, calibration records, dispatch tapes, interview witnesses with an investigator try and obtain a helmandollar or plea down to lesser charges. We will also do motion work, motion to suppress and jury trials if necessary.
I have been doing DUI defense for over 10 years and represented DUI clients in San Joaquin County- Tracy, Manteca, Lodi and Stockton, Sacramento County, Placer County, Yolo County, Calaveras, El Dorado, Santa Clara and Alameda County.
If you are charged with VC 23152 (a) or VC 23152 (b) this is the California law that applies.
23152.
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
