Driving Under the Influence (DUI) in Little Bangladesh
Over the years, DUI laws in Little Bangladesh have become more and more 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 Little Bangladesh. 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. The Little Bangladesh 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.
There can be two types of legal action resulting from a drunk driving arrest in Little Bangladesh. A criminal action comes first. This action can result in up to $1,000 in fines and 6 months in jail for first time offenders. Subsequent convictions will result in increased penalties. The next action is a civil action that will be immediately brought against you by theDepartment of Motor Vehicles. Upon being arrested for a DUI the DMV will automatically suspend your license for up to one year. That being said, it is possible to lessen the penalties of both actions with the help of an experienced Little Bangladesh attorney.
A charge of driving under the influence (DUI) of drugs or alcohol can not be ignored and should be dealt with immediately. Regardless of how much you want it to, this is not going away and it is important to be proactive in your approach to this legal matter. At RepresentYou.com we are committed to helping. Whether you believe you need a lawyer or not, RepresentYou.com is a good starting point. The Little Bangladesh 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 Little Bangladesh area. After this initial consultation, it is at yours and your lawyer’s discretion whether or not to further pursue your case of driving under the influence together.
Driving Under the Influence in Little Bangladesh 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
DUI Law in Little Bangladesh Summarized
According to Vehicle Code 23152, it is against the law to operate a motor vehicle in Little Bangladesh 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.
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.The most commonly invoked of these subdivisions are listed below.
Subdivison C: It is against the law to operate a motor vehicle in Little Bangladesh 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: 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 Little Bangladesh DUI
It is important to remember that being arrested for a DUI in Little Bangladesh will not only bring on a criminal trial but also a hearing with the Department of Motor Vehicles. 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 Little Bangladesh.
At the time of your arrest for drinking and driving in Little Bangladesh an officer will confiscate your driver’s license and hand you a “Notice of Suspension” pink slip. 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. 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.
Now, the DMV hearing itself is rather informal and is presided over by a DMV employee rather than a judge. That is not to say it should be taken lightly. 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. 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.
Next Steps After a Driving Under the Influence Arrest in Little Bangladesh
The attorneys on RepresentYou.com’s panel of DUI attorneys all meet a very strict 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.
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.