What to do if Arrested or Ticketed for DUI
If you find yourself in need of a DUI attorney, RepresentYou is a great place to start because our panel member attorneys are held to some of the highest standard in this business. Because of these standards you can be sure that our staff will work to connect you with some of the most qualified attorneys. In addition to these standards our clients evaluate each of our attorneys with surveys and we take each and every complaint very seriously.
DUI laws are some of the harshest in the country. The state government’s stance on driving under the influence has evolved into a no tolerance policy which has led to increasingly harsh penalties for anyone convicted of a DUI. For this reason it is more important than ever to enlist the help of an experienced attorney after being sited for driving under the influence. RepresentYou may be able to help. A number of our panel member attorneys have knowledge of the strict DUI laws and have years of experience fighting to lessen the impact of such offenses on their clients lives.
Arrests for drunk driving can lead to two different types of legal action. The first is the 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 legal action is brought against you by the Department of Motor Vehicles and is a civil action. The result of a DUI civil action is a DMV mandated suspension of 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 lawyer.
Once you have been charged with driving under the influence (DUI) of drugs or alcohol it is important to act fast. Regardless of how much you want, this is not going away and it is important to be proactive in your approach to this legal matter. At RepresentYou we are committed to helping. Even if you feel you do not need a lawyer, RepresentYou is a good first reference. Our panel of criminal lawyers includes a group of attorneys who have dedicated their careers to fighting DUI convicions. When you submit your case to RepresentYou, you will be asked some basic questions pertaining to the circumstances of your DUI arrest. If you decide that a lawyer may be necessary RepresentYou.com will connect your with one of our panel member attorneys and arrange a free initial consultation.Then, you and your lawyer can come to an agreement on how to proceed with you driving under the influence case.
DUI 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 Codes
Vehicle Code 23152 clearly states that any person may not legally drive a car, truck, or motorcycle if he or she is 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%.
In addition, the drinking and driving code has a number of different subdivisions which further restrict the operation of a motor vehicle. 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. 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.
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. The RepresentYou staff can assist you in English, Spanish, French, and Portuguese so please call us toll-free at 1-888-973-7968 or submit your case online.