12 Ways To Protect Yourself
Against A Drunk Driving Charge
DUI Defense by San Jose, California Attorney Randy Moore
DUI Attorney Randy Moore Specialist Drunk Driving Law
Constitutional Rights Attorney
24 Hour Hotline 1-800-609-1060
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12 Ways To Protect Yourself |
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Against A Drunk Driving Charge |
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One. Don't wait - call a lawyer immediately. Two. Don't talk to any Police investigators or anyone else. Three. Write down all the facts about your case. You might forget important facts by the time your case goes to court. Four. Demand a DMV hearing immediately. Five. Have an experienced lawyer review and evaluate the facts. Six. Know your rights. Were your rights violated? |
Seven. Get all Police reports. Determine all crimes charged. Any mistakes? Eight. Find out if the breath test (or blood) was legal or reliable. Get all breath machine test records. Nine. Check for illegal arrest, motions to dismiss, or suppression of breath, blood or urine tests. Ten. Fight to save your driver's license. Eleven. Prepare for court. Find out what to do and say. Know what to tell the Judge. Know your defenses. Know the law. Twelve. Only hire a lawyer with the experience in the specialized handling of drunk driving cases. |
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FirstGov.gov - Official website for searching the U.S. Government - Search Results
California DUI Vehicle Code(California Drunk Driving Law) Vehicle Code 23152 Driving Under The Influence of alcohol ( or drugs) Violation of 232152 a) or b) is a misdemeanor crime. A misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 12 months in County jail. Minimum with probation is 48 hours in "jail" (alternative work programs may be available). A felony DUI ( 23153 vehicle code) involves either: 1. injury, or 2. three prior convictions within 7 years (and other situations). Penalties could be as much as 12 months in County Jail or years in a state prison.
(a). It is unlawful for any person who is under the influence of an intoxicating beverage, or under the combined influence of an alcoholic beverage or drug to
drive a vehicle. Definition: "under the influence" A person is under the influence of intoxicating liquor when as a result of drinking such liquor his physical and mental abilities are impaired so that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. "Under the Influence"-Defined (legal-CALJIC 16.831): A person is [under the influence of an alcoholic beverage] [under the influence of a drug] [under the combined influence of an alcoholic beverage and a drug] when as a result of [drinking such alcoholic beverage] [using a drug] [his] [her] physical or mental abilities are impaired to such a degree that [he] [she] mo longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. [If it is established that a person is driving a
vehicle [under the influence of an alcoholic beverage] [under the
influence of a drug] [under the combined influence of an alcoholic
beverage and a drug], it is no defense that there was some other cause
which also tended to impair [his] [her] ability to drive with the
required caution.] DUI-driving under
the influence Misdemeanor [Defendant is accused [in Count[s] _____] of having violated section 23152, subdivision [(a)][(c)] of the Vehicle Code, a misdemeanor.] Any person who while [under the influence of any alcoholic beverage] [or] [under the influence of any drug] [or] [under the combined influence of any alcoholic beverage and drug] [or] [addicted to the use of any drug] drives a vehicle is guilty of a violation of Vehicle Code section 23152, subdivision [(a)][(c)], a misdemeanor. [The term "drug," as used in this instruction, means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain,, or muscles of a person as to impair, to an appreciable degree, [his] [her] ability to drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of [his] [her] faculties, using reasonable care, would drive a similar vehicle under like conditions.] VC23152 subsection (b) states: (b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle. (legal-CALJIC 16.830.1): [Defendant is accused [in Count[s] _____] of having violated section 23152, subdivision (b) of the Vehicle Code, a misdemeanor. Every person who drives a vehicle with 0.08 percent or more, by weight, of alcohol in [his] [her] blood is guilty of a violation of Vehicle Code Section 23152, subdivision (b), a misdemeanor. In order to prove this crime,, each of the following elements must be proved:
2. At the time, the driver had 0.08 percent or more, by weight, of alcohol in [his] [her] blood. Legal presumptions about levels of alcohol in the
blood are stated in presumptions about under the influence are stated in
another law VC 23155.VEHICLE
CODE SECTION 23152-23229.1 : 25291 bytes. California Drunk Driving LawCalifornia State Law |
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