Lake Balboa Driving Under the Influence (DUI)
DUI laws in Lake Balboa have become tremendously strict. The state has taken a strong stance on driving under the influence in the past few years and, as a result, Lake Balboa residents have sustained increasingly severe penalties when convicted of a drunk driving offense. 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 a good place to start. A number of criminal lawyers on our panel have years of experience fighting DUI arrests in Lake Balboa and may be able to help offset the impact of drinking and driving charges.
Arrests for drunk driving in Lake Balboa can lead to two different types of legal action. First, is a criminal action. For a first time conviction the criminal action can lead to fines of up to $1,000 and as many as 6 months in jail. Second, third and fourth time convictions will yield more severe penalties. The second legal action is brought against you by theDepartment of Motor Vehicles and is a civil action. A civil action for a DUI will result in the automatic suspension of you drivers license for up to 1 year. While the consequences of these actions seem debilitating, it is possible to reduce the penalties with the help of a knowledgeable Lake Balboa attorney.
If you have been charged with driving under the influence (DUI) of drugs or alcohol do not delay. As with most legal matters time is of the essence and it is important to start taking steps toward resolving your legal matter now. RepresentYou.com and its staff is here to help. Even if you are not sure you need a lawyer, RepresentYou.com is a good first step. We have a panel of criminal lawyers in Lake Balboa with experience fighting DUI charges. 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 is best that an attorney handle your case, RepresentYou.com will arrange a free initial consultation with your Lake Balboa lawyer to discuss possible action. From this point forward, you and your lawyer will decide the best course of action for your specific DUI matter.
Driving Under the Influence in Lake Balboa 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
Summary of DUI Law in Lake Balboa
Most simply, Vehicle Code 23152 makes it unlawful for any person in Lake Balboa to operate a motor vehicle when under the influence of drugs, alcohol, or the combination of the two. Further, the law considers anyone with a blood alcohol content over 0.08% to be under the influence and unable to legally operate an automobile.
In addition, the drinking and driving code has a number of different subdivisions which further restrict the operation of a motor vehicle in Lake Balboa. A few of these subdivisions is listed and briefly explained below.
Subdivision C: It is unlawful for any person who is addicted to the use of any drug to drive a vehicle in Lake Balboa. The subdivision does not apply to anyone participating in a narcotics treatment program.
Subdivision D: It is unlawful for any person to operate a motor vehicle that requires a commercial driver’s license with a blood alcohol content of 0.04% or more.
Lake Balboa DMV Hearing for a DUI
It is worth repeating that a drunk driving arrest in Lake Balboa will result in a criminal proceeding in the courts as well as a hearing with the Department of Motor Vehicles. The criminal process is easier to understand because it resembles many other legal proceedings imposes fines, jail time and probation under the authority of the specific DUI law. The DMV hearing, though, can be a bit more complicated and should be approached with the guidance of an experienced DUI attorney in Lake Balboa.
In the event of an Lake Balboa DUI arrest, the arresting officer will take away the offender’s driver’s license and hand them a pink slip or “Notice of Suspension.” This notice acts as a temporary driver’s license for 30 days and also informs you of your right to a DMV hearing to avoid a suspended license. However, the request for a hearing must be made within 10 days of your arrest. After 10 days you are no longer afforded the right to present your case to the DMV and you will lose you license.
These DMV hearings are actually quite informal. In fact, they are normally held under the authority of a DMV officer as opposed to a judge. With that being said, you should still take these proceedings very seriously. This hearing will determine whether or not you should be allowed to keep your driver’s license. 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 Lake Balboa
If you find yourself in need of a DUI attorney in Lake Balboa, RepresentYou.com is a great place to start because our panel member attorneys are held to some of the highest standard in this business. These standards are designed to ensure a successful referral to each of our clients. In addition to these standards are clients evaluate each of our attorneys with surveys and we take each and every complaint very seriously.
We are available 24 hours a day, 7 days a week so please to don’t hesitate to contact us with any and all DUI issues. Staff members can assist you in English, French, Portuguese and Spanish so do not hesitate to call toll-free at 1-888-973-7968 or submit your case online.