DUI

If you are charged with Driving Under the Influence (DUI) under Vehicle Code sections 23152 or 23153 in Orange County, Los Angeles County, Riverside County, or San Diego County, then you need a DUI lawyer with experience to help you. The Law Offices of Sandra Nassar, A Professional Corporation has extensive experience handling DUI cases. Get an experienced Orange County DUI criminal defense attorney on your side. Make the call now. Time is of the essence with these types of charges so do not delay. Call 1-800-260-2026 to get the help you need.

DUI Charges

There are several different Vehicle Code sections that deal with driving under the influence.

23152(a) Vehicle Code – Alcohol

Vehicle Code section 23152(a) makes it illegal for a person to drive a vehicle while under the influence of any alcoholic beverage.

A person is under the influence if as a result of drinking alcohol, the person cannot drive with the same care and caution as a sober person.

Importantly, no specific blood alcohol concentration is required to be proven. This means that even if your blood alcohol concentration was not very high, but you were driving poorly or recklessly, then you can be charged under this code section.

23152(b) Vehicle Code – 0.08 % Blood Alcohol Content (BAC)

Vehicle Code section 23152(b) makes it illegal for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Typically, during the DUI investigation, a blood or breath test will have been administered that determines a blood alcohol level.

No evidence or proof of bad driving or actual impairment by alcohol is needed to prove this charge.

23152(f) Vehicle Code – Drug

Vehicle Code section 23152(f) makes it illegal for a person to drive a vehicle while under the influence of any drug.

A person is under the influence if as a result of ingesting a drug, the person cannot drive with the same care and caution as a sober person.

A drug is one or more substances, other than alcohol, that affects a person’s body and impairs his or her ability to drive with the care and caution of a sober person.

A person can be under the influence of a drug even if it is a legal drug or was prescribed to the person.

Typically, a blood test will be administered to determine if drugs are detected in the person’s system.

During the DUI investigation, a peace officer may conduct field sobriety tests to determine if a person is impaired by a drug.

23152(g) Vehicle Code – Combination of Alcohol and Drug

Vehicle Code section 23152(g) makes it illegal for a person to drive a vehicle while under the combined influence of an alcoholic beverage and any drug.

Typically, during the DUI investigation, a blood test will be have been administered and analyzed. If the blood test shows both alcohol and drugs in the person’s system, then this code section will likely be charged.

Also, during the DUI investigation, a peace officer may conduct field sobriety tests to determine if a person is impaired by alcohol and drugs.

Defenses

There are several different ways to defend against DUI charges. An experienced attorney will be able to determine if the traffic stop and detention were legal, if the investigation was done properly, if the evidence was legally obtained, if the machines that determined the blood alcohol content were working properly, if there are any other factual or legal deficiencies to challenge the case against you, and to take the case to trial if needed.

California Driver’s License

If you were arrested for a DUI, the peace officer also likely took your driver’s license and issued a temporary one that will expire soon. This means soon your driver’s license will be suspended. You only have a few days to request a hearing with the DMV to get your driver’s license back. You should have an attorney represent you to question the witnesses and present a defense, which will provide you with the greatest chance of getting your license back. The Law Offices of Sandra Nassar can handle the DUI DMV hearing for you.

If you have questions or need an attorney to defend you against DUI allegations in Orange County, Los Angeles County, Riverside County, San Diego County, or San Bernardino County then you need a lawyer with experience to defend you. The Law Offices of Sandra Nassar, A Professional Corporation has extensive experience handling DUI cases. Get an experienced Orange County criminal defense attorney on your side. Make the call now. Call 1-800-260-2026 to get the help you need.