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DUI DEFENSE

YOU NEED AN EXPERIENCED ATTORNEY

  • On your side who knows your priorities

  • To investigate the facts of the case

  • Prepared to fight for you

After arrest, you will usually be asked to take a blood or breath test
YOU ARE REQUIRED BY LAW TO TAKE THIS TEST

Refusing a chemical test results in tougher penalties and a one-year license suspension

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IF YOU REFUSED TO SUBMIT TO THE CHEMICAL TEST

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  • Under California’s Implied Consent Law, your license will be suspended for at least one year or more depending on the circumstances and prior offenses

  • ​You are NOT eligible to receive a restricted license if you refused to take the breathalyzer or blood test

  • Your California Driver’s License is mailed to the DMV

  • Mandatory jail time

  • Longer DUI class

After Arrest Blood  & Chemical Testing


After being arrested on suspicion of alcohol or drug DUI, law enforcement may request a driver submit to a breath or a blood test

Different testing methods can give a wide range of results

An impaired driver may be clear of any drugs while a sober driver may show active drugs in their system

There is no numerical baseline limit of drugs in the system to establish per se intoxication as there is with alcohol

A driver may be convicted of a DUI if the driver has taken more than the therapeutic dose of a drug and impairment is shown

Even if you have only used

prescription medication, you may still be arrested for DUI

 

You Do NOT Have to Be Driving

a Car to be DUI
 

Any vehicle operation under the influence of alcohol or drugs is a DUI even if you are riding a bike, piloting a boat, driving a golf cart, using a lawnmower or forklift, and even if you are parked in your own driveway or are on the side of the road just sleeping it off

CALIFORNIA DUI DRUG LAWS

California Vehicle Code 23152(e): “it is unlawful for a

person who is under the influence of any drug to drive a vehicle”

For purposes of a DUI, drugs include illegal drugs and any substance that impairs a person including over-the-counter medicine, cough medicine, prescription medication, medical marijuana and even herbal supplements.


 

DUI - Marijuana 

Although marijuana has been decriminalized in California, it remains illegal to drive if a driver is impaired from using marijuana. THC, the active ingredient in marijuana, is detectable in an individual's bloodstream for days or weeks after use. Blood tests may indicate that the driver has active THC in their system and if impaired at the time of driving may lead to a DUI conviction.

DUI - Prescription Medication

Just like with marijuana, it does not matter if you have a valid prescription for a medication. If the drug has an impairing effect on your ability to drive, you can still face a DUI. Common medications to treat pain, anxiety and depression may lead to impaired driving and a prescription drug DUI. If a driver is found to be in possession of prescription medications without a valid prescription, they can face additional criminal charges.

​Commercial Driver's License

Per Se Commercial DUI Violation

Commercial drivers are treated more severely than 

regular drivers and held to a higher standard of sobriety for DUI

License Suspension
For commercial drivers, a DUI in their own vehicle (0.08% or greater) or in a commercial vehicle (0.04% or greater) can lead to a suspended license for one year

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Second DUI at ANY TIME

For a commercial driver, a second DUI at ANY time results in a lifetime disqualification from holding a commercial driver’s license

DUI UNDER 21

California Vehicle Code§ 23140: It is unlawful for a person

under the age of 21 years who has 0.05 percent or more,

by weight, of alcohol in his or her blood to drive a vehicle

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The DMV will suspend for one year if the alcohol reading is 0.01% or more

  • California has a “zero tolerance” law for underage drivers

  • For young drivers, BAC of only 0.01% or higher is considered a DUI with the DMV

  • Under 18 drivers convicted for DUI lose their driver’s license for a full year, or until they turn 18, whichever is longer

  • Drivers older than 18 but under 21, violating California’s zero tolerance law receive a one-year suspension of their driver’s license

  • Underage drivers with BAC greater than 0.05% face a one-year driver’s license suspension, fines and mandatory DUI School

  • Underage drivers with BAC greater than 0.08%, face possible jail time, greater fines and fees, a suspended driver’s license, mandatory DUI school, probation and other penalties

  • California’s “implied consent” law for underage drivers means they have given implied consent to have breath or blood tested after a DUI arrest. Refusal to consent to a chemical test results in a one year suspension of a license

  • Some colleges take additional disciplinary action even if the DUI occurred off campus. Prospective students may be required to list a DUI on their college, graduate school, or law school applications

  • After a DUI, underage drivers are required to get an SR-22 certificate of financial responsibility and usually face higher insurance premiums. Some auto insurance companies may not renew an underage driver’s policy after they are convicted of a DUI

DUI UNDER 21 CRITICAL NEED DRIVER'S LICENSE

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  • A minor who suffers a one year suspension after a DUI conviction may apply for a Critical Need Driver’s License

  • An application can be submitted with the DMV. An application is NOT automatically granted. The DMV gives stronger consideration where there is a specific critical need for a driver’s license, when other transportation methods are inadequate, and when there are supportive documents

  • A Critical Need application can be only approved once in a lifetime. A repeat offender cannot get approval of the Critical Need driver’s license application

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