DUI Defense Definitions and California-specific DUI Information Driving under the influence (DUI), or drunk driving, is defined

in the state of California under California vehicle code section 23152 as driving while impaired by drugs or alcohol, or driving with a blood alcohol concentration (BAC) of .08 or higher. In most states the law mandates that a result of chemical testing for DUI be determined within a given time period after the activity of driving stopped, usually two hours. Proof of intoxication is required in the circumstance of the first offense, although evidence of blood alcohol concentration (BAC) is admissible as presumptive evidence of intoxication. DUI impairment statutes require that violations are supported/verified by evidence of impairment from the ingestion of alcohol or drugs. Drivers of commercial vehicles with commercial drivers licenses may not have a BAC of .04% or greater. Aircraft pilots may not fly less than eight hours after consumption of alcohol or while under the influence of alcohol or any other drug in concentration equal to or greater than .04 grams per deciliter of blood. First offense DUI charges generally are deemed misdemeanors and are punishable by up to one year in jail. The offense, however, may be upgraded to a felony and punishable by a much longer prison term if the event caused serious injury (felony DUI offense). If the accused has three prior convictions of the offense within seven years, the charge could be escalated to vehicular homicide. In California the charge of second-degree murder can be brought in cases in which the legal state of mind of malice exists and the violator showed reckless indifference to the lives of others. In the state of California a BAC of .08 or higher will under California Penal Code section 23152(b) result in the attempt by the Department of Motor Vehicles (DMV) to suspend the motorists drivers license. California keeps track of offenses committed ten years prior to the current offense and regards this as a prior repeat offense. Will You Submit? Many individuals readily submit to a field sobriety test of alcohol screening because they are fearful of the officer making the request or because they believe that they have no choice but to comply. You do have the right of refusal. No test is perfect, and police officers are human as well.

Officers are capable of incorrectly conducting the test. There is power in knowledge of the science of testing. Experienced, expert lab technicians may be able to challenge the results of field testing done at the time of the arrest. Most are under the impression that if the police-administered chemical test for the presence of alcohol shows a blood alcohol concentration (BAC) of .08 or above, the accused will automatically be found guilty. This is certainly not the case as individuals health conditions and problems and associated medications taken may cause false readings. For example: The test could have been poorly administered in a faulty manner. The device/machine itself could be faulty and could have been deemed so in the past under like circumstances/conditions.

Punishments/Penalties That May Result from DUI Charges in the State of California: In California especially, penalties for driving under the influence are serious and include one or more of the following: DUI School which could mean time away from work and loss of wages Fines and court fees Suspension of drivers licenses leading to missed work and or dependence on another to find transportation to and from work Community service Probation Jail time Vehicle impoundment Long-term rise in vehicle insurance cost

There are four types of DUI cases tried in California and in Los Angeles and Ventura Counties, in particular: Underage driving under the influence Second offense driving under the influence Felony driving under the influence DUI refusal

Importance of Finding an Experienced, Skilled Attorney to Handle Your DUI Case When an individual is arrested/accused of driving under the influence in Van Nuys, California, he or she only has ten days to schedule a hearing with the department of motor vehicles (DMV). If within ten days of the arrest, the individual fails to schedule a hearing, the result is automatic suspension of that persons drivers license for thirty days or more from the date of the arrest.

Furthermore the individuals right to a hearing is surrendered. If you or a loved one has been charged with a DUI (driving under the influence) offense, contact the Van Nuys DUI defense attorneys of Lessem & Newstat, LLP. Please call (800) 295-1054 or fill out our online contact form. These articles are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.