DUI in Westlake
The DUI laws in Westlake are more strict today than they have ever been. In recent years, the state’s government has adopted a no tolerance policy on driving under the influenceand, as a result, Westlake 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 in a position to help. A number of criminal lawyers on our panel have years of experience fighting DUI arrests in Westlake and may be able to help offset the impact of drinking and driving charges.
Arrests for drunk driving in Westlake can lead to two different types of legal action. 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 second action is a civil action brought against you by the Department of Motor Vehicles. A civil action for a DUI will result in the automatic suspension of you drivers 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 Westlake attorney.
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 committed to helping. Whether you believe you need a lawyer or not, RepresentYou.com is a good starting point. A number of criminal lawyers on our panel have had success dealing with DUI cases in the Westlake area. Upon contacting RepresentYou.com you will be asked a series of basic questions about your specific case. 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 Westlake area. Then, you and your lawyer can come to an agreement on how to proceed with you driving under the influence case.
Driving Under the Influence in Westlake 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 Westlake
According to Vehicle Code 23152, it is against the law to operate a motor vehicle in Westlake if you are under the influence of alcohol, drugs, or both alcohol and drugs. 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.
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. The most commonly invoked of these 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. The subdivision does not apply to anyone participating in a narcotics 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 Westlake
As mentioned earlier, an arrest for driving under the influence in Westlake 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 Westlake DUI attorney.
In the event of an Westlake DUI arrest, the arresting officer will take away the offender’s driver’s license and hand them a pink slip or “Notice of Suspension.” 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. 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.
A DMV hearing is much less formal than a criminal trial and is mediated by a DMV employee with little to no official training. Still, these proceedings should be taken very seriously.Your chances of retaining your driver’s license depend entirely on the outcome of this hearing. In other word, there is an awful lot to lose and you should prepare yourself for your hearing with the help of a DUI lawyer.
What to do When Arrested for DUI in Westlake
RepresentYou.com’s panel of DUI defense attorneys must meet a strict and proven 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 area. In addition to the requirements explained throughout this article, our lawyers are also reviewed by client surveys and we take any and all complaints 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. The RepresentYou.com staff can help you in English, Spanish, French, and Portuguese. You can call us toll free at 1-888-973-7968 or submit your case online.