Driving Under the Influence (DUI) in Westlake Village
DUI laws in Westlake Village have become tremendously strict. Recently, state officials have dedicated many of their resources to deterring people from driving under the influence. The result has been a major increase in penalties for Westlake Village citizens found guilty of drunk driving. 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 in a position to help. A number of criminal lawyers on our panel have years of experience fighting DUI arrests in Westlake Village and may be able to help offset the impact of drinking and driving charges.
An arrest for drunk driving in Westlake Village can bring on two types of legal action. First, is a criminal action. In the event of a first time conviction the criminal action can result in $1,000 fine and up to 6 months in jail. The penalties become more and more severe with each additional conviction. The second action is a civil action brought against you by theDepartment of Motor Vehicles. Civil action for a DUI can result in the DMV suspending your license for up to 1 year. Occasionally, with the help of experienced and competent Westlake Village representation, the penalties of both actions can be reduced or dropped without the expense of trial.
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. The RepresentYou.com staff may be able to help. Whether you believe you need a lawyer or not, RepresentYou.com is a good starting point.We have a panel of criminal lawyers in Westlake Village with experience fighting DUI charges. Upon contacting RepresentYou.com you will be asked a series of basic questions about your specific case. If you decide that a lawyer may be necessary RepresentYou.com will connect your with one of our Westlake Village panel member attorneys and arrange a free initial consultation. Any further action in regard to your driving under the influence matter will be at the discretion of you and your lawyer.
Driving Under the Influence in Westlake Village 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 Westlake Village DUI Law
In simplest terms, Vehicle Code 23152 states that it is against the law for any person under the influence of drugs and/or alcohol to operate a car or any other motor vehicle in Westlake Village. 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 Westlake Village. In the interest of brevity, only the most commonly seen subdivisions are listed below.
Subdivision C: It is unlawful for any person who is addicted to the use of any drug to drive a vehicle in Westlake Village. 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.
Westlake Village DMV Hearing for a DUI
It is important to remember that being arrested for a DUI in Westlake Village will not only bring on a criminal trial but also a hearing with the Department of Motor Vehicles.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. Conversely, the DMV hearing can often result in confusion and it may be a good idea to enlist the help of a qualified and experienced DUI attorney in the Westlake Village area.
The police officer in charge of your Westlake Village DUI arrest will take your driver’s license and hand you a pink slip informing you that your license will be suspended. The notice is a temporary driver’s license that is valid for 30 days and informs you of your right to fight the suspension of your license through a DMV hearing. Unfortunately, most people are not aware that the right to a hearing can expire and that you must request it 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.
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 is not to say it should be taken lightly. 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.
What to do if Arrested or Ticketed for DUI in Westlake Village
The attorneys on RepresentYou.com’s panel of DUI attorneys all meet a very strict set of standards. 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 Westlake Village 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.
Please do not hesitate to call us 24 hours a day, 7 days a week so that we can help you take your first step toward resolving your DUI issue as soon as possible. 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.