DUI in Larchmont
Over the years, DUI laws in Larchmont have become more and more strict. In recent years, the state’s government has adopted a no tolerance policy on driving under the influenceand, as a result, Larchmont residents convicted of drunk driving face detrimental penalties. 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 Larchmont and may be able to help offset the impact of drinking and driving charges.
A drunk driving arrest in Larchmont can result in two different types of legal action. The first is the 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 the Department of Motor Vehicles. Civil action for a DUI can result in the DMV suspending your license for up to 1 year. The penalties of each action, though, can be reduced and even dropped with the guidance of a competent Larchmont lawyer.
You must react quickly to a driving under the influence (DUI) of drugs or alcohol charge. As with most legal matters time is of the essence and it is important to start taking steps toward resolving your legal matter now. 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. Our panel ofLarchmont criminal lawyers includes a group of attorneys who have dedicated their careers to fighting DUI convicions. 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 Larchmont area. 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 Larchmont 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
Larchmont DUI Law Summary
Most simply, Vehicle Code 23152 makes it unlawful for any person in Larchmont to operate a motor vehicle when under the influence of drugs, alcohol, or the combination of the two.As stated in the vehicle code above, a person is legally determined to be under the influence and incapable of safely operating a vehicle when his or her blood alcohol content reaches 0.08%.
The DUI vehicle code also contains a list of subdivisions that outline more specific circumstances that restrict a persons right to operate a motor vehicle in Larchmont. For the purpose of this article I have listed some of the most common of these subdivisions below.
Subdivision C: It is unlawful for any person who is addicted to the use of any drug to drive a vehicle in Larchmont. The subdivision does not apply to anyone participating in a narcotics treatment program.
Subdivision D: The law is even more strict when it comes to operating a vehicle that requires a commercial license. The driver of such vehicles is considered too intoxicated to drive once his blood alcohol content reaches 0.04% or above.
DMV Hearing for a DUI in Larchmont
As mentioned earlier, an arrest for driving under the influence in Larchmont will lead to not only a criminal trial but also a DMV hearing. The criminal trial is easier to understand because it deals with the law directly and deals out penalties such as jail sentences, probation and fines. The DMV hearing, on the other hand, is less familiar to most defendants and may require the help of an Larchmont DUI attorney.
At the time of your arrest for drinking and driving in Larchmont an officer will confiscate your driver’s license and hand you a “Notice of Suspension” pink slip. 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. This is where the process get a little bit tricky as the right to a DMV hearing expires after 10 days. Once those 10 days have passed you lose your right to be heard by the DMV and your license will be revoked.
A DMV hearing is much less formal than a criminal trial and is mediated by a DMV employee with little to no official training. That, of course, does not imply that these proceedings are not important. Your ability to legally drive for the next year will likely depend on the outcome of your DMV hearing. So, it is in your best interest to prepare and even consider your right to have an experienced DUI attorney present.
Next Steps After a Driving Under the Influence Arrest in Larchmont
RepresentYou.com’s panel of DUI defense attorneys must meet a strict and proven set of standards. With these standards in mind you can be confident that we will do our very best to refer you to the best possible attorney for your matter. Also, the lawyers on our panel are reviewed by each of our clients through the use of surveys and we take each and every complaint very seriously.
At, RepresentYou.com we are available 24 hours a day, 7 days a week. Feel free to call at any time to begin discussing your criminal law issue. 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.