Information on DUI defense, DUI laws, and how an experienced DUI attorney can defend your case, potentially reduce charges and mitigate penalties, as well as save you money. For a more specific analysis about your specific DUI case, call me at (818) 336-1384 to set up a free consultation.

DUI Defense

Below is some information about DUI laws and DUI Defense.  For additional information and video’s on DUI information and defense, click here:  DUI Information

The DUI laws in California continue to get more strict as time passes.  If you have been charged with a DUI, it is not something to take lightly.  Although, keep in mind that you are not alone as good people get charged with DUI’s every day.  It is important to hire an attorney who is familiar with DUI law (and the lewpoles), the Courts in California, the DMV, and the Process as a whole.  Whether this is your first offense, or you are looking at a second, third, or fourth offense, I understand what you are going through. I can help you through the legal process to keep your mind at ease and get you a favorable result for your case.

I am extremely experienced in DUI cases throughout Southern California.  The majority of first, second or third DUI  offenses are misdemeanor charges.  When charged with a misdemeanor, I am able to attend Court hearings and negotiate without the client present so you will be able to go on with your daily life while I handle your case.  I investigate and conduct an in-depth analysis for each case my firm handles to explore a wide range of possible defenses.  I understand the procedures and policies of the police agencies and the mistakes they may have made at the time of your arrest.  My firm’s goal is to obtain the most successful outcome with the least amount of inconvenience to you and your personal life.

Prior to going to Court on your behalf, I will go over your case in detail with you to find out what happened leading up to, and after  your arrest.   After every hearing, I will update you on the status of your case and analyze it with you.  I understand that your record and your freedom mean a great deal to you, and will research, investigate, argue and litigate aggressively on your behalf to ensure an optimal result for you.

Understanding the DUI Laws in California

DUI Charge, over 21 years of age

*NOTE: VC 23152 was amended as of January 1, 2014. If arrested for DUI after January 1, 2014, click here: AMENDED VC 23152

Understanding the DUI Laws in California can be tricky if you are not familiar with them, and most people are not.  If you are over 21 years of age, and charged with a DUI, the citation you receive may list two separate charges related to the DUI.  VC 23152(a), and VC 23152(b).  The “VC” portion stands for “Vehicle Code,” which is the set of laws in California that controls, among other things, DUI laws.

VC 23152(a) is a general DUI “catch all” charge in California that covers driving under the influence of alcohol and drugs.  For example, a person can be convicted of this charge if they were under the influence of alcohol and  had a Blood Alcohol Content of 0.07.   Likewise, a person can be arrested and charged with this if a cop believes that the person was driving a car under the influence of a another intoxicant such as marijuana or even prescription drugs.

VC 23152(b) is a more specific DUI charge in California and relates only to alcohol.  To be charged with this, a person must have a Blood Alcohol Level of 0.08 or higher.  For example, if after getting arrested, a person submits to a Breath Test and the results come back at 0.10, the cop will list both charges, VC 23152(a) and VC 23152(b) on the citation.  Keep in mind that if a person submits to a blood test as opposed to a breath test, the cop will only list VC 23152(a) on the citation.  But, if the results come back at 0.08 or higher, the Court prosecutor will then add the VC 23152(b) charge.

PENALTIES for VC 23152(a) and 23152(b)

Both VC 23152(a) and VC 23152(b) each carry the same penalties, and they vary depending on whether this is your first offense, or you have received previous DUI’s within the last 10 years of your arrest.

First Offense DUI: If convicted of a first offense DUI in California, the penalty may include anywhere between 48 hours to 6 months in jail, a fine between $390 to $1,000 plus penalty assessments*, and an alcohol course ranging from 3 months to 9 months in length.  The Court also has the power to impound your car, require an IID (Ignition Interlock Device), and take other additional action.

*Penalty Assessments are fees and taxes that California Courts add to a fine.  Currently, the penalty assessments are approximately 4 and a 1/2 times the actual fine.  That is why it is important to keep those fines as low as possible.  A $390 fine with penalty assessment will total approximately $1,750, but a $1,000 fine will be almost $5,000!

Second Offense DUI: If convicted of a second offense DUI in California, the penalty may include anywhere between 96 hours to 1 year in jail, a fine between $390 to $1,000 plus penalty assessments*, and an 18 month alcohol program.  The Court also has the power to impound your car, require an IID (Ignition Interlock Device), and take other additional action.

It is important to hire an attorney that you feel confident will defend you vigorously in Court.  I know how to get DUI charges dismissed and have done so time and time again.  In cases where that  is not feasible, I know how to get favorable results even when pleading to DUI.  I know the importance of your freedom and how jail time can affect your job, among other things, and I will fight on your behalf.  I also know how this recession has affected people financially.  If the Court is imposing a fine, I will keep it to a minimum.  Additionally, I will fight to get an
extended amount of time to pay that fine, or get alternatives to reduce the fine substantially.

DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS –  OPERATIVE JANUARY 1, 2014

REVISED DUI Statute VC 23152.  If you were arrested after January 1, 2014, the subsection you may be charged under VC 23152 for DUI is specified below.
VC 23152.  (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a 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 a 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.

(d) It is unlawful for a 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) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

(g) This section shall become operative on January 1, 2014.

 

 

The information on this website is for general information only and your reading of it does not create an attorney-client relationship between you and The Law Office of Philip D. Hache.  Information on this website is not legal advice for any individual case, investigation, or any other legal matter. The Law Office of Philip D. Hache may only be engaged as legal counsel by a client after the prospective client and the Office of Philip D. Hache each agrees to the specific terms and conditions of the representation, such terms and conditions are set forth in a written engagement agreement signed by both parties.   The Law Office of Philip D. Hache does not necessarily endorse or approve of the materials appearing on any website which links within the Law Office of Philip D. Hache website may lead, nor do the owners of such other websites necessarily endorse or approve of the materials contained within this website.