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Alcohol Crimes |
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Drunk Driving
Drunk driving without injuries is covered by Vehicle Code §23152 as follows:
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
Drunk driving with injuries is covered by Vehicle Code §23153 as follows:
(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug, to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
The punishment for DUI violations is a misdemeanor, unless either injuries result, or a person has three or more prior DUI convictions on their record. In these latter two instances, the punishment is either a felony or a misdemeanor. Even if a person has only one or two priors on their record, although the offense remains a misdemeanor, the punishment is increased.
Consequences may include:
- Loss of driver's license
- Probation or parole
- Loss of auto insurance
- Court ordered driving school
- Impound of vehicle
- Court ordered ignition device
- Significant fines
- Other
Defenses may include:
- Insufficient evidence
- Factual innocence
- Illegal traffic stop
- Improper testing
- Other
What you can do if you are accused:
- Document your good character/reputation
- Remain silent
- Create a diary of all significant events and witnesses
- Retain a competent attorney
When appropriate, what we can do to help you:
- Evaluate & recommend alternatives to imprisonment
- Motion the court to reduce bail requirements
- Obtain private investigator to interrogate witnesses and obtain favorable evidence
- Negotiate with district attorney to settle and/or dismiss case
- Negotiate a resolution of the matter with police
- Aggressively defend your case while keeping you and your loved ones informed
- Commence early/timely case preparation and research
- Motion the court to suppress evidence
- Motion the court to dismiss the case
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