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If you have been arrested for a DUI, you will have to appear at a DMV hearing as well as in court. Since the DMV only gives you ten days from the date of your arrest to explain why you should be able to keep your license, hiring an attorney right away can mean the difference between keeping your license and losing it. Most importantly, a good attorney will be able to defend you in court against the criminal charges filed against you. Attorney Ann Gottesman will prepare and assist you with the DMV hearing and aggressively defend your legal rights in court. You may be able to avoid jail, as there are alternative programs available to many defendants.
If you have been arrested for a DUI, call DUI attorney Ann Gottesman for a free consultation. Ann’s main objective is to ensure you keep your driving privileges and your freedom.
The Law Office of Ann Gottesman offers:
• reasonable fees
• free consultations
• payment plans
DUI LAW
Anyone who drives under the influence of alcohol or any drug is in violation of Vehicle Code Section 23152(a). Any person whose blood-alcohol level is at or above 0.08 percent while driving is in violation of Vehicle Code section 23152(b). To be in violation of VC 23152(b), one does not technically have to be under the influence—just having a blood alcohol level of 0.08 or higher is a violation of that statute even if one feels completely sober.
Also, if a person drives under the influence, and at the same time does any act forbidden by law, or neglects to do any duty imposed by law in driving the vehicle, and which act or neglect proximately causes bodily injury to any person other than the driver, that person is in violation of Vehicle Code section 23153(a).
Even if the person feels sober, if he or she was driving with a blood-alcohol level of 0.08 percent or greater and concurrently does any act forbidden by law, or neglects any duty imposed by law in driving the vehicle, and that act or neglect proximately causes bodily injury to any person other than the driver, that person violates Vehicle Code 23153(b).
DUI When Driver Under 21 (Non-Injury): Statutes
NOTE: When reading the statutes below, remember that the tests and equipment used to determine a driver’s alcohol level are sometimes inaccurate and faulty. I always subpoena records to determine if the testing equipment was in proper working order and whether such equipment was calibrated and maintained as required by law.
:: California Vehicle Code § 23136
Blood Alcohol Concentration of .01 or greater; implied consent to testing; failure to submit to or complete testing.
a. Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
b. A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
c.
1. Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).
2. The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
3. The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
:: California Vehicle Code § 23140
Persons under 21 years of age; blood alcohol concentration of .05 or more.
a. It is unlawful for a person under the age of 21 years who has .05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
b. A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of .05 percent or more, by weight, of alcohol in his or her blood.
PENALTY ENHANCEMENTS
There are also penalty enhancements that can be charged against a defendant accused of a DUI. Someone who has an excessive blood alcohol level, refuses to submit to a chemical test, is speeding or driving with a passenger under the age of 14, may be charged with an enhancement.
:: License Suspension by the DMV
If this is a driver’s first DUI, his license will be suspended for 6 months. If this is the driver’s second DIU, his license will be suspended for at least 1 year. A third DUI will result in a 2 to 3 year license suspension. Refusing to submit to a blood or breath test results in an additional charge and a longer license suspension by the DMV.
However, if a first time DUI driver enrolls in a DUI class as required by the DMV and presents proof of current insurance, the suspension can be reduced to only one month with a restricted work license for 5 months. For a second or third DUI, the DMV may allow you a restricted license following a one year suspension.
There are many defenses that an attorney can present at a DMV hearing which may result in a driver keeping his or her license and full driving privileges. Therefore, it is very important you contact an experienced DUI attorney immediately after your arrest.
GETTING PROBATION
Depending on the facts of the case, most DUI offenses can be charged as a misdemeanor or a felony. If it is your first DUI, you will most likely be charged with a misdemeanor and be able to get probation with work release or community service instead of jail. In most states, probation is limited to 5 years.
Drunk driving cases are very complex and require special expertise and knowledge. DUI defense attorney Ann Gottesman has successfully represented many people charged with DUI offenses and is eager to aggressively represent you in court and with the DMV.
Call toll-free today for a free consultation:
(877) 3-LAW-NOW
(877) 352-9669