Experienced Lawyers Defending You Against DUI Charges

pexels-pavel-danilyuk-8111865

Working on DUI Cases

This type of charge is typically classified as a misdemeanor violation unless you have more than three convictions within 10 years. Whether it is a first offense or a repeated one, you can counter it through a thorough process. It can reveal issues where the arresting officer failed to follow protocols during the stop or the sobriety test. With us, we utilize every defense available to challenge your charges.

1st Time DUI

  • Driving While Intoxicated (23152(a) CVC) – It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

  • Driving with a BAC of .08 or Above (23152(b) CVC) – 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.

Flat-fee rates for our legal services are available. Please call or email us for details.

2nd and 3rd DUI Cases Within 10 Years

If you are seeking the expertise of a DUI lawyer for your repeated DUI cases, please get in touch with us for a consultation.

4th DUI

Cases that are repeat offenses are typically charged as felonies. Fourth DUI's and beyond are typically charged as felonies.

Driving While Intoxicated w/ Injury (23153 (a) CVC) – It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

California DMV Hearings

When appropriate, we can provide representation at your DMV hearings to avoid license suspension. For a consultation about scheduling your DMV Hearing please call.

Overview of DUI Defense Sections

pexels-pavel-danilyuk-8112168

23152 (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

23152 (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.

23152 (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.

23152 (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.

23152 (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.

23152 (f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

23152 (g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.