DUI

Orange County DUI Lawyer

Being charged with a DUI is now one of the most common crimes in California. Cops are on the lookout more than ever for drunk drivers. Unfortunately, anyone who’s had a drink can be susceptible of being charged with driving under the influence.

Driving under the influence (DUI) can be charged in several different ways. You can be charged with a DUI for alcohol, drugs, or a combination of the two. Below is a list of ways you can be charged under California Vehicle Code 23152.

California Vehicle Code 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.
  • (c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle.
  • (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.
  • (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.

 

Punishment

Penalties for a DUI conviction are extensive and increases with prior DUI convictions. The long list of penalties include jail time, probation, heavy fines and fees, driver license suspension, ignition interlock device installation, DUI class attendance, etc.

 

Elements

The following is what the prosecuting attorney must prove and the instructions that the Jury will read in determining the verdict for the specific DUI:

 

DUI – Driving Under the Influence with 0.08% BAC – California Vehicle Code Section 23152(b)

The defendant is charged with driving with a blood alcohol level of 0.08 percent or more in violation of Vehicle Code section 23152(b).

To prove that the defendant is guilty of this crime, the People must prove that:

  1. The defendant drove a vehicle; AND
  2. When (he/she) drove, the defendant’s blood alcohol level was 0.08 percent or more by weight.

DUI – Driving Under the Influence of Alcohol or a Drug – California Vehicle Code Section 23152(a)

The defendant is charged with driving under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug] in violation of Vehicle Code section 23152(a).

To prove that the defendant is guilty of this crime, the People must prove that:

  1. The defendant drove a vehicle; AND
  2. When (he/she) drove, the defendant was under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug].

A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

 

Defenses

There are a number of defenses that you may have when charged with a DUI. The following is a list of just some of the defense that can be used to win your case. Each case will depend on the facts of the events that occurred.

 

“I wasn’t driving” Defense:

One of the most obvious defenses to a DUI that can be used is if you were not driving the vehicle. Driving a vehicle is the very first element the prosecution must prove for a DUI. Remember that it is the prosecution’s job to prove up each element, including the fact that you were driving the vehicle. If they cannot prove you were driving, you will not be convicted of a DUI.

Rising BAC Defense:

DUI stands for “driving under the influence.” It does not stand for being under the influence at the time of the alcohol test. This means that in order to be convicted of a DUI, the prosecution must prove that you were drunk when you were driving. There may be evidence against you that shows your BAC was 0.08% or higher, but that does not necessarily mean that you were at 0.08% when you were driving.

When you are stopped by a police officer, it takes a while for them to get your information, arrest you, take you to the station, and then test the level of alcohol in your system. When alcohol is consumed, your BAC does not instantly go from 0% to 0.08%. The alcohol takes some time to metabolize in your system, and will gradually rise.

The Rising BAC defense is used when you want to argue that your BAC was at 0.07% (the legal limit) or lower at the time you were arrested and your BAC was still rising. Then by the time you got to the station to and your BAC was tested, your BAC rose from 0.07% to 0.08% or higher. So even though your BAC shows that you were over the legal limit, this defense shows that you were not under the influence when you were driving and therefore the jury should not convict you.

 

If you were arrested for a DUI, call the Law Offices of Nam Q. Doan at (714)248-3626. You will be provided with a personal level of legal representation from a Orange County DUI Lawyer . I will guide you through the process of being charged with a DUI. You will never be kept in the dark and the truth will not be sugarcoated. I will aggressively fight to get you the best possible result at an affordable rate.