Driving under the influence of alcohol has 2 parts to it. If you were arrested for drunk driving and you provided a breath (you blew into a breathalyzer) or blood sample and your blood alcohol content was 0.08% or more, you will be charged with 2 counts and you will need the help of a Los Angeles DUI attorney from the Aizman Law Firm.
Vehicle Code Section 23152(a) makes it illegal to drive while under the influence of alcohol (regardless of your blood alcohol concentration)1. Vehicle Code Section 23152 (b) makes it illegal to drive while your blood alcohol concentration is 0.08% or more. That means that if you gave a breath or blood sample and your level was above a 0.08% or more, in Los Angeles you will be charged with 2 separate crimes.
If you refused to take a chemical test (blood or breath) after you were arrested, in Los Angeles, you will be charged with one count of DUI (the being under the influence count) and the prosecution will allege a special enhancement that you refused to take the chemical test. The refusal allegation can have serious consequences on your driver’s license. If you lose your DMV hearing, your license will be suspended for one year and you will not be permitted to get a restricted license.
If you have been arrested for drunk driving, you have 10 days to request a DMV hearing. This hearing (also called an administrative per se hearing) is to determine whether you were driving with a blood alcohol concentration of 0.08% or more. If you refused to take the blood or breath test, the DMV hearing will be to determine whether you did in fact refuse.
Conviction of driving under the influence involving alcohol or drugs can have serious consequences. You may lose your driver’s license, have to pay very high fines to the court and possibly go to jail; this is where you need the experience of a DUI lawyer. Along with losing your license, jail time is also a real possibility when convicted of drunk driving charges.
What many people do not know is that DUI cases or what some states outside of California describe as driving while intoxicated are very fightable. With the right attorney, you have the chance to fight and win your case.
Defense Attorney Diana Aizman Providing Legal Analysis
In California, it is illegal to drive while under the influence of drugs. If you are arrested for DUI and the prosecution alleges that you were on drugs, you will be charged with only the driving under the influence charge. However, if you refused to take the blood or urine test after you were arrested, the prosecution will allege a sentencing enhancement that you refused a required test. This has the same consequences as the refusal allegation in a DUI alcohol charge. The DMV will suspend your license for one year without the ability to obtain a restricted license if you lose your DMV hearing. A DUI charge, whether or not it involves drugs, is a serious charge that requires specialized knowledge of the science involved in DUI.
Aizman Law Firm Difference -What We Do To Fight Your Case
Diligent Defense In Your DMV Hearing: Including
- Review of the police report for any shortcomings in the investigation.
- Subpoenaing the records of maintenance and accuracy logs on the specific PAS and/or ECIR machine used to conduct your exam.
- Strategizing any viable defenses to preserve your license, etc.
Diligent Defense in your Criminal Proceedings: Including
- Extensive review of the police report for possible defenses.
- Subpoeaning the video footage (“dash cameras”) of the traffic stop, if any taken.
- Have any blood drawn retested by an independent facility.
- File any important Pretrial motions (i.e., Motion to Suppress the evidence against you, Pitchess Motion for officer misconduct at arrest, etc.)
- Plea Negotiations with prosecutors to garner a charge reduction.
- Dismissal of the case, if applicable for insufficient evidence.
Diligent Defense in Your Trial Proceeding: Including
- File pre-trial motions to seek to exclude any non-relevant evidence that prosecutors may try to use in trial.
- Utilize research on demographic set for jury selection
- Cross examine all witnesses including law enforcement & government expert
- Present expert testimony in your favor
Request A Free Consultation 818-351-9555
- California Vehicle Code 23152(a) Defind- It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. [↩]