DUI in Laurel Canyon
The DUI laws in Laurel Canyon are more strict today than they have ever been. 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 Laurel Canyon. For this reason it is more important than ever to enlist the help of anexperienced attorney after being sited for driving under the influence. RepresentYou.com is a good place to start. A number of our panel member attorneys have knowledge of the strict DUI laws in Laurel Canyon and have years of experience fighting to lessen the impact of such offenses on their clients lives.
There can be two types of legal action resulting from a drunk driving arrest in Laurel Canyon. A criminal action comes first. 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 Department of Motor Vehicle will then stick you with a second, civil action. Civil action for a DUI can result in the DMV suspending your license for up to 1 year. That being said, it is possible to lessen the penalties of both actions with the help of an experienced Laurel Canyon attorney.
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. RepresentYou.com and its staff is here to help. Even if you feel you do not need a lawyer, RepresentYou.com is a good first reference.Our panel of Laurel Canyon 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 we feel that your matter requires the attention of an attorney we will arrange a free 30 minute consultation with a criminal lawyer in the Laurel Canyon 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 Laurel Canyon 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 Laurel Canyon
According to Vehicle Code 23152, it is against the law to operate a motor vehicle in Laurel Canyon if you are under the influence of alcohol, drugs, or both alcohol and drugs. The law continues on to state that a person who’s blood alcohol content is 0.08% or above is intoxicated and can no longer legally operate a motorized vehicle.
In addition, the drinking and driving code has a number of different subdivisions which further restrict the operation of a motor vehicle in Laurel Canyon. In the interest of brevity, only the most commonly seen subdivisions are listed below.
Subdivision C: Anyone who is addicted to a drug can not legally drive a car in Laurel Canyon unless they are currently participating in a drug treatment program.
Subdivision D: The law is clear that any vehicle that requires a commercial driver’s license may not be operated by any driver who’s blood alcohol content is 0.04% or above.
DMV Hearing for a DUI in Laurel Canyon
As explained at the beginning of this article, a DUI arrest in Laurel Canyon will not only result in a criminal proceeding but also a hearing with the DMV. 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, though, can be a bit more complicated and should be approached with the guidance of an experienced DUI attorney in Laurel Canyon.
The police officer in charge of your Laurel Canyon DUI arrest will take your driver’s license and hand you a pink slip informing you that your license will be suspended. 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. What most people don’t know is that in order to be awarded such a hearing one must request it within 10 days of the original arrest. Once those 10 days have past you will no longer be able to fight the suspension of your driver’s license through a DMV hearing.
DMV hearings for DUI cases are relatively relaxed as they are mediated by an employee of the DMV rather than a judge. 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. Meaning, you have a lot to lose and should approach the proceeding with absolute seriousness and find a qualified DUI attorney to help you prepare.
What to do After an Arrest for DUI in Laurel Canyon
If you find yourself in need of a DUI attorney in Laurel Canyon, RepresentYou.com is a great place to start because our panel member attorneys are held to some of the highest standard in this business. As a result of these standards you can be sure that our staff will work to connect you with some of the most qualified attorneys in the Laurel Canyon area.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.
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. Our staff can assist you in English, Spanish, French and Portuguese so please call toll-free at 1-888-973-7968 or submit your case online today.