California Drunk Driving Defense – CA DUI Defense
Under the current California DUI laws, if you are arrested for a DUI, the prosecution will charge you with two California Vehicle Code sections 23152(a) and 23152(b). The reason for the two separate charges is as follows.
Vehicle Code section 23152(a) charges that an individual was driving a motor vehicle under the influence of alcohol and/or drugs. This section allows individuals to be prosecuted for driving with a blood alcohol level below a 0.08%. Also, it allows an individual to be prosecuted for driving under the influence of drugs including legal, prescription and illegal drugs.
Vehicle Code section 23152(b) charges that an individual was driving with a blood alcohol level of 0.08% or more. This charge sets the legal limit for blood alcohol at 0.08%. The DUI penalties range depending upon your blood alcohol level and whether you have any prior convictions.
Whether you were arrested for a DUI in Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County, or Santa Barbara County, it is important to consult and retain a qualified California DUI attorney because there are several technical factors and decisions which impact your case. For example, you MUST request a DMV Administrative Per Se hearing within 10 days of your arrest or you waive your right to the hearing. This means that California DMV will suspend your driving privilege without giving you the opportunity to fight your case. A qualified California DUI lawyer who handles DMV suspensions should know how to schedule this hearing and obtain an extension on your ability to drive a car beyond the initial 30 day period listed on the temporary license (e.g. pink sheet) provided by the officer.
With regard to fighting your case, a qualified California DUI lawyer will want to analyze the police officer’s conduct in the case to determine whether your Fourth Amendment rights were violated. If so, it may result in a dismissal of all charges. Additionally, your qualified California DUI lawyer will need to verify that the Breathalyzer was working properly and provided an accurate reading of your blood alcohol level. Or if you provided a blood sample, your qualified California DUI attorney will want to obtain a blood split of your sample to allow a new laboratory and forensic toxicologist the opportunity to reanalyze the blood sample for both alcohol level and preservative adequacy.
As you can see, there are many issues which must be addressed in defending your case. Mr. Welbourn is type of qualified California DUI lawyer that you need to fight your case. Call his office for a free consultation or send us an E-mail using the Contact Us link.
For more localized information on DUI charges choose the appropriate link below:
DUI Frequently Asked Questions' ( FAQ ):
1- What should I do if I'm stopped for drunk driving?
|
Answer  |
| 2- Should I just plead guilty? |
Answer |
| 3- What do police officers look for when searching for drunk drivers on the highways? |
Answer |
| 4- Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test? |
Answer |
| 5- Can I represent myself? What can a lawyer do for me? |
Answer |
| 6-What will it cost to get a lawyer? |
Answer |
| 7-What defenses are there in a DUI case? |
Answer |
| 8- Is a DUI a felony or a misdemeanor charge? |
Answer |
| 9-What is the punishment for a DUI? What are the costs of a DUI? |
Answer |
| 10- What are the effects of a DUI conviction on Commercial Licenses or Drivers? |
Answer |
| 11- What if the police didn't read me my rights in a DUI case? |
Answer |
|
1 - What should I do if I'm stopped for drunk driving?
California law ONLY mandates that you provide a sample of your breath, blood or urine in some cases. If you refuse to submit to a chemical test, your will lose your driving privilege for one year and serve jail time. However, you do not have to take the Field Sobriety Tests which are the balance tests given by officers to find you guilty. Also, you do not have to answer any questions.
|
|
2-Should I just plead guilty?
If you plead guilty without reviewing the facts of your case, you have no way to determine whether the tests were operating properly or whether you have a defense. Remember DUI cases are probably the most technical and the Breathalyzer machines are not infallible.
|
|
3-What do police officers look for when searching for drunk drivers on the highways?
When looking for drunk driver’s, police officers are trained to look for certain erratic driving behaviors like weaving within your lane, following too close, speeding, etc. However, if you are driving late on a weekend night, you could get stopped for not having a front license plate or having a burned out tail light.
|
|
4- Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test?
No, you do not have the right to an attorney at this point because you are most likely not under arrest. However, remember you do not have to take to Field Sobriety Tests. If the officer smells alcohol, you are probably going to get arrested for DUI. Why help them prosecute you by allowing the police officer to conduct tests where he interprets your performance and then arrests you.
|
|
5-Can I represent myself? What can a lawyer do for me?
The District Attorney prosecuting you is a lawyer. If you are not a lawyer and chose to represent yourself, you will be treated as if you are a lawyer and know the law. This is the equivalent of going into a fight with your hands tied behind your back. You can't defend yourself if you don't know the law.
|
|
6- What will it cost to get a lawyer?
Each case is different. Mr. Welbourn understands that attorneys are expensive and works with his clients to assist them with the financial arrangements.
|
|
7-What defenses are there in a DUI case?
There are several defenses available in a DUI case. Some examples are (1) Rising Blood Alcohol Level. This means that your alcohol level was higher at the time of the test than it was when you were driving. In most case, the individual drank alcohol right before driving and being pulled over; (2) Fourth Amendment Violation by the police officer. This means that the officer did not have reasonable suspicion to stop you. If proven, the case will be dismissed by the Court; (3) Faulty Breathalyzer/Blood Results. This means that the machines or testing is faulty; (4) No Drive. This means that you were not driving and were arrested for DUI.
|
|
8- Is a DUI a felony or a misdemeanor charge?
A DUI can be either a misdemeanor a felony. A DUI becomes a felony if (1) there was accident causing injury (2) the individual has 3 prior misdemeanor convictions within 10 years of this new arrest or (3) one prior felony DUI within 10 years of this new arrest.
|
|
9- What is the punishment for a DUI? What are the costs of a DUI?
DUI penalties range depending on the case. However, a typical misdemeanor DUI results in the following penalties:
3 years informal probation
$1,500.00 in fines and fees approximately
Attend and Complete an alcohol class either 3, 6, or 9 months in duration
Do not drive with a measurable amount of alcohol in your system for 3 years
Attend a Mother’s Against Drunk Driving (MADD) victim impact panel
Driver’s License Suspension
|
|
10 - What are the effects of a DUI conviction on Commercial Licenses or Drivers?
Upon conviction, the California DMV will suspend your privilege. If you have a Class C license, the California DMV will suspend your driving privilege for 4 months. A qualified DUI attorney should be able to assist you in obtain a restricted license after 30 days of the suspension.
|
|
11-What if the police didn't read me my rights in a DUI case?
The police only have to read you your Miranda rights after you are arrested and they intend on using statements against you in Court. This becomes an issue in some DUI cases when driving and time of driving becomes an issue.
|
|
Call 24/7 (949) 756-2490
