RIVING UNDER THE INFLUENCE
Driving under the influence cases are generally filed as misdemeanors. They are typically based upon two possible violations of the Vehicle Code. Section 23152(a) is a law making it a misdemeanor to drive while “impaired.” Impaired driving is determined on the driver’s execution on the road, such as swerving or crashing. The driver’s blood alcohol level under this section is not a factor.
Most times, a driver is arrested for two DUI violations, the other one being a violation of Vehicle Code Section 23152(b). This section is based upon a driver having a blood alcohol content of 0.08 or greater.
Based on the jurisdiction, a person arrested for a first offense driving under the influence faces exposure to a conviction of a misdemeanor criminal offense, serving up to 1 year in jail, probation, license suspension, mandatory completion of a drunk driving school, filing proof of insurance with the DMV by way of an SR-22 for three years, fines and penalties ranging between $1,500 and $2,500, and a DMV license reissue fee.
Additionally, courts may require that the accused attend Alcoholics Anonymous meetings as a condition of preconviction release. Furthermore, the individual may be required to have an ignition interlock device (IID) installed and periodically inspected at personal expense following conviction, and, perhaps, satisfy other specific requirements of the judge.
Also, if so-called “enhancements” are proven or admitted, the law requires more severe minimum penalties. For example, these involve, but not limited to: having a child under 14 years of age in the car, speeding in excess of 20 mph on surface streets or 30 mph on highways, refusing to submit to chemical testing, driving in a construction or enhanced safety zone, blood alcohol content of 0.15% or more, or having one or more prior convictions within the previous ten years.
The speed enhancement can carry a minimum jail sentence. If your case involves a situation in which you refused to submit to a chemical test, your driver’s license will likely be suspension without possibility of obtaining a work-restricted license. Furthermore, 1, 2, or 3 prior convictions within 10 years, carries increased jail sentences and longer license suspensions. 4 or more prior convictions changes the offense to a felony, which carries possible commitment to state prison.
DUI cases are by no means an easy walk in the park for the prosecution. There are many ways for a skilled criminal defense attorney to defend a client from a DUI conviction, which including, but not limited to:
- You were not driving. It is difficult for the prosecution to prove an essential element of the case, which is “driving,” when you were involved in an accident and nobody saw you driving or if you were parked in your car.
- The officer did not have probable cause to stop, detain, and arrest.
- An attack on the DUI Breathe test for instrument malfunction, improper police procedure, physiological differences of the accused, or environmental factors.
- “Rising Blood Alcohol” can mean that the blood alcohol content (BAC) was below the legal limit at the time of driving.
- DUI Blood tests maybe tainted from improper storage, fermentation, or contamination.
- A challenge on the BAC evidence under Title 17 of the California Code of Regulations, which states the proper procedure for collecting, storing, and analyzing chemical tests. For example, if the person who took the blood sample was not a trained technician or if the machine was not correctly calibrated.
- The officer did not advise you of your Miranda Rights.
- Field Sobriety Tests (FSTs) are not accurate depiction of an intoxicated person because innocent explanations such as intimidation, poor weather conditions, bad lighting, poor terrain, or non-ideal footwear.
- Innocent reasons for your signs and symptoms of being Under the Influence such as allergies, sunlight, physical injury or illness.
- Under the Influence is not the only reason for poor execution on the road. For example, driving while eating, trying to pick up something that was dropped, sneezing, or distracting passengers.
- Even if you were Driving Under the Influence, poor police work may absolve you because police reports were not prepared properly, Title 17 was not complied, or courtroom testimony is not believable.
In California, DUI arrests do not always result in convictions, and this is often due to the aggressive defense of a knowledgeable attorney. The Law Office of Brett Parker Davison makes sure to exploit all available avenues to obtain the bests result for clients. Mr. Davison will vigorously defend your rights to a fair and unbiased trial and guarantees that you will receive the undivided attention you deserve.