Driving Under the Influence (DUI) in Knollwood
DUI laws in Knollwood have become tremendously strict. The state government’s stance on driving under the influence has evolved into something of a no tolerance policy which has led to increasingly harsh penalties for anyone convicted of a DUI in Knollwood. In the wake of these changes, enlisting the help of an experienced attorney is in the best interest of anyone facing driving under the influence charges. RepresentYou.com is here to help. The Knollwood criminal lawyers on our panel understand the areas strict DUI laws and have years of experience fighting for clients who have been accused of drinking and driving.
An arrest for drunk driving in Knollwood can bring on two types of legal action. First, is a criminal action. If it is your first conviction, this action can result in a fine of up to $1,000 dollars and as many as 6 months in jail. Further conviction will result in more sever penalties. The next action is a civil action that will be immediately brought against you by theDepartment of Motor Vehicles. A civil action for a DUI will result in the automatic suspension of you drivers license for up to 1 year. The penalties of each action, though, can be reduced and even dropped with the guidance of a competent Knollwood lawyer.
You must react quickly to a driving under the influence (DUI) of drugs or alcohol charge. Most legal matters require immediate attention and this is no different. With so much on the line you can not afford to waste any time. At RepresentYou.com we are here to help. Even if you are not sure you need a lawyer, RepresentYou.com is a good first step. TheKnollwood criminal attorneys on our panel have years of experience handling DUI cases. After calling RepresentYou.com or submitting your case on line a member of our staff will familiarize themselves with your DUI case by asking a few questions. If it becomes evident that you require a lawyer RepresentYou.com will set up a free 30 minute consultation with one of our panel member criminal lawyers in the Knollwood area. From this point forward, you and your lawyer will decide the best course of action for your specific DUImatter.
Driving Under the Influence in Knollwood Vehicle Code 23152. (a)(b)(c)
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.
(b) It is unlawful for any 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 any 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. Source:http://dmv.ca.gov/pubs/vctop/d11/vc23152.htm
Driving a Commercial Vehicle Under the Influence VC 23152 (d) (e) (f)
(d) It is unlawful for any 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 any 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) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995. Source: http://dmv.ca.gov/pubs/vctop/d11/vc23152.htm
Knollwood DUI Law Summary
Most simply, Vehicle Code 23152 makes it unlawful for any person in Knollwood to operate a motor vehicle when under the influence of drugs, alcohol, or the combination of the two.As seen above, Knollwood law states that any person with a blood alcohol content of 0.08% or above is under the influence and incapable of safely and legally operating a motor vehicle.
The restrictions do not end there. In fact, the driving under the influence vehicle code contains a number of subdivisions designed to restrict driving in more specific circumstances.A few of these subdivisions is listed and briefly explained below.
Subdivison C: It is against the law to operate a motor vehicle in Knollwood if you are addicted to the use of any drug. However, if you are currently enrolled in a drug treatment program or actively participate in NA, this subdivision does not apply to you.
Subdivision D: This subdivision refers to the operation of a car, van, or truck that requires a commercial driver’s license. It states that it is illegal for any driver with a blood alcohol level of 0.04% or above to drive these vehicles.
Knollwood DMV Hearing for a DUI
As explained at the beginning of this article, a DUI arrest in Knollwood will not only result in a criminal proceeding but also a hearing with the DMV. Defendants are normally more familiar with the criminal trial because it deals primarily with the actual law and leads to more common criminal punishments such as fines, jail sentences and probation. The DMV hearing, on the other hand, is less familiar to most defendants and may require the help of an Knollwood DUI attorney.
The police officer in charge of your Knollwood DUI arrest will take your driver’s license and hand you a pink slip informing you that your license will be suspended. The pink slip is a 30-day temporary driver’s license but, more importantly, it states that you have a right to fight your license suspension through the process of a DMV hearing. However, the request for a hearing must be made within 10 days of your arrest. Once those 10 days have passed you lose your right to be heard by the DMV and your license will be revoked.
Now, the DMV hearing itself is rather informal and is presided over by a DMV employee rather than a judge. Still, these proceedings should be taken very seriously. The outcome of your DMV hearing will likely determine whether or not you will have a driver’s license for an extended period of time. So, it is in your best interest to prepare and even consider your right to have an experienced DUI attorney present.
What to do if Arrested or Ticketed for DUI in Knollwood
RepresentYou.com’s panel of DUI defense attorneys must meet a strict and proven set of standards. These standards ensure that our clients are connected to the best and most experienced legal professionals in Knollwood. In addition to these standards are clients evaluate each of our attorneys with surveys and we take each and every complaint very seriously.
Please do not hesitate to call or log on to our website at anytime as we are available to review your DUI case 24 hours a day, 7 days a week. The RepresentYou.com staff can help you in English, Spanish, French, and Portuguese. You can call us toll free at 1-888-973-7968 or submit your case online.