DUI/ Drunk Driving
DRIVING UNDER THE INFLUENCE IN CALIFORNIA
A Driving Under the Influence (DUI) arrest in San Diego is always an unexpected, embarrassing, and overwhelming experience. It is imperative that you act quickly and hire an experienced San Diego attorney to ensure you get the most favorable result possible. The attorneys at San Diego’s Pro Law Partners will identify the defense issues in your case and fight for your rights. While it is true there are many attorneys who defend DUI cases, few have as much experience as the attorneys at Pro Law Partners.
What you may not know is that when someone is arrested in California for a DUI there are two court cases brought against the accused: a criminal court case and a Department of Motor Vehicles Administrative Hearing.
Drunk Driving Court Case
It is common for someone arrested for DUI to be charged with two separate offenses: Vehicle Code 23152(a) is driving while under the influence of alcohol or drugs or both; Vehicle Code 23152(b) is driving with a blood alcohol level of .08 or higher. If you are convicted of either offense, you are subject to jail time, fines, community service or all of the above.
Department of Motor Vehicles Administrative License Hearing
If you have been arrested for a DUI, you only 10 days from the date of your arrest (including weekends) to request a DMV hearing, or your license will be automatically suspended. Generally, the issue at a DMV hearing is whether a driver submitted to the chemical test or refused to take it. If the driver agreed to take the test, the focus of the hearing will be on the validity of the test.
If you choose not to hire a defense attorney, your San Diego public defender will not appear at the DMV hearing for you. It is important to hire an experienced San Diego criminal defense attorney who has handled many DUI cases in California, and who will guide you through the process step-by-step. DUI cases are extremely complex and require specialized expertise in many areas. The DUI lawyers at Pro Law Partners handle a large number of DUI cases throughout Southern California. At Pro Law Partners, we have built a reputation for fighting and winning DUI cases. It is not only possible to get DUI charges reduced, but in some cases we are able to get them dismissed entirely.
DRIVING UNDER THE INFLUENCE OF DRUGS
Vehicle Code §23152(a) provides that:
It is unlawful for any person who is under the influence of any drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
If you have been arrested for a DUI involving drugs, it is not a defense that you were taking a prescribed medication. Under California law, the sole issue is whether you were under the influence of drugs such that you could not operate the vehicle with the same care as a sober person.
Our San Diego attorneys will work to identify possible defenses and examine the state’s blood tests to determine whether they were accurate. Our attorneys have extensive knowledge and background in DUI drug cases. Contact Pro Law Partners today to speak with an attorney who will evaluate your case and begin attacking the state’s evidence.
UNDERAGE DUI
In San Diego, if you are under the age of 21 and have been arrested for having a blood-alcohol concentration of .05% or higher, you are exposed to multiple charges. Under California Vehicle Code 23141, it is an infraction for a person under the age of 21 to drive with a BAC of .05% or higher. If an underage driver is arrested for a DUI and their test indicates a BAC of .08% or higher, then it is possible they will be charged with the adult misdemeanor crimes of DUI: VC 23152(a) and/or DUI with .08% BAC or greater pursuant to VC 23152(b). If you are convicted, you face probation, fines, an alcohol education program, and jail time, community service, or home confinement. If you retain Pro Law Partners to represent you, our attorneys will begin an investigation of your case and review the state’s evidence to develop your best defenses.
FELONY DUI
If you have been arrested in San Diego for a DUI and are charged with a felony offense of causing an injury to another, you face severe criminal charges. It is critical you contact Pro Law Partners immediately to speak with an experienced San Diego attorney about your case. The attorneys at Pro Law Partners have years of experience handling complex felony cases in the San Diego court system and are experienced trial attorneys.
VEHICULAR MANSLAUGHTER
At Pro Law Partners, our San Diego criminal defense attorneys have experience defending people who have been charged with vehicular manslaughter where alcohol was involved. We successfully fought charges of felony DUI vehicular manslaughter with gross negligence and have a proven track record of obtaining favorable results. At Pro Law Partners, we will fight vehicular manslaughter charges and put our expertise, experience, and knowledge to work for you. If you were involved in an accident where someone was killed, contact us immediately.
BOATING DUI
Under California law, it is illegal to operate a boat or vessel while under the influence of alcohol and/or drugs in San Diego. While it is legal to consume alcohol while on a boat, California’s legal BAC limit of .08% is still enforced. As in DUI cases, if convicted, you may be subject to time in jail and the loss of your license. Our attorneys have experience in dealing with the Coast Guard and defending alleged violations of the California Harbors and Navigation Code. Take a boating DUI seriously and protect yourself by contacting Pro Law Partners immediately.
San Diego Criminal Attorney Blog - DUI/Driving Under the Influence
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