California DUI Lawyer – Vehicle Code 23152(a) VC
Do You Need a DUI Lawyer?
Under VC 23152(a), driving under the influence of drugs and/or alcohol is a serious criminal offense. The punishment for a DUI conviction may result in substantial jail time and severe fines. Being arrested for a DUI is just the beginning of a long process. Other than the criminal case you will face, you must also answer to the Department of Motor Vehicles (DMV), who will attempt to suspend or revoke your driving privilege.
It is important to speak to an aggressive DUI lawyer if you are facing a DUI charge. For over 40 years, our skilled team of DUI attorneys at Wallin & Klarich has successfully defended thousands of clients facing DUI charges in Southern California. We can help you, too.
Call us today at (877) 466-5245 to receive expert legal advice about your case. Be sure to read on to learn more about DUI laws so that you can be fully informed about your charges.
Why Hire Wallin & Klarich?The success of our DUI defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For over 40 years, the DUI lawyers at Wallin & Klarich have helped many people like you who have been charged with driving under the influence. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
“I was charged with Driving under the influence of drugs by the Ventura County District Attorney’s Office. I believed I was innocent of the charges and wanted to fight my case even if I had to risk jail time. Originally, I hired another law firm but they tried to convince to plead guilty even though I thought I was innocent.
So, I sought the services of the experienced criminal defense law firm of Wallin and Klarich and met with my Wallin & Klarich attorney who reviewed my case and told me I had a good case. He saw that the CHP officer made several inconsistent statements in the police report and various other mistakes. Wallin and Klarich’s brilliant associate told me that to obtain the best possible result you have to hire a law firm that has the guts to “not back down” and to fight for their clients. In fact my Wallin & Klarich attorney refused to back down and we demanded a trial. Wallin and Klarich never stopped fighting and my case was dismissed when Wallin and Klarich pushed my case to the eve of trial. My Wallin & Klarich attorney helped preserve my reputation and career because of his willingness to take on the prosecutor.
If you want a law firm that is really willing to fight for you to obtain the best possible result possible in your case I would strongly recommend you calling Wallin and Klarich. I am sure glad I did.”
“I was charged with driving under the influence of alcohol; because I had two prior felony convictions within 10 years of my new DUI case, the new case was also charged as a felony. In addition, my blood alcohol level on my new case was a 0.3, over three times the legal limit. I have also had approximately 17 alcohol related arrests over my lifetime. I then contacted the law offices of Wallin & Klarich to help me. I soon learned that Wallin & Klarich is unique in that they place one attorney per court which allows that attorney to build a relationship with the judges and the district attorneys and generally mastered a particular court. This in turn permits the Wallin & Klarich attorney to get better results for the client. Due to my record the district attorney wanted to sentence me to state prison for 16 months to two years. However my attorney negotiated with he judge and ended up getting sentenced to a program. I WAS NOT SENTENCED TO ONE DAY IN JAIL! I truly believe that without the familiarity my Wallin & Klarich attorney had with the court I would be in state prison.”
“I was on probation for DUI and I was arrested for a second DUI. On the following night I was arrested again for DUI, which would make it my third DUI. I hired Wallin & Klarich to handle my cases. Because of my prior DUI and my blood alcohol level, I was facing a mandatory minimum jail sentence of 180 days. My attorney negotiated my case with the District Attorney and was able to get me help for my addiction. She was able to negotiate NO JAIL. I was sentenced for six months in an out patient rehabilitation program. Not only did my attorney keep me out of jail, she was also able to get me the help I needed to fight my addiction.”
-K. A. E.
Call Wallin & Klarich Today
You can place your trust in Wallin & Klarich. Our knowledgeable California DUI lawyers are committed to defending your rights and your freedom. Call us today for immediate help on your DUI case.
For more information on DUI laws, read below or simply pick up the phone and speak to one of our skilled DUI attorneys today.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
Types of DUIs
There are different types of DUIs. The most common DUI occurs when your blood alcohol concentration (“BAC”) is at 0.08% or higher at the time of driving. However, you may still be charged with a DUI if your BAC is lower than 0.08%.
VC 23152(a) states that it is unlawful for any person who is “under the influence” of any alcoholic beverage and/or drug to drive a vehicle. It does not require your BAC to be 0.08% or higher. You are considered to be “under the influence” for purposes of VC 23152(a) when your mental or physical abilities are so impaired by drugs and/or alcohol that you are no longer able to drive a vehicle with the same caution as a sober person using ordinary care under similar circumstances.
Another type of DUI offense is a DUI that causes an injury to another person under VC 23153. The DUI penalties are severe, but the punishment for a DUI causing injury will increase dramatically. Speak to one of our experienced DUI attorneys today, so we can provide you with our help based on the specific facts of your case.
DMV Consequences Related To A DUI Offense (VC 13557)
Aside from your DUI case in criminal court, you must also worry about the DMV suspending your driver’s license. Following a DUI arrest, you have only 10 days from the date of arrest to schedule a DMV hearing to contest the suspension of your driver’s license. Given the complexity of this hearing, it is never a good idea to defend yourself at a DMV hearing without the help of an experienced DUI attorney.
A DMV hearing is an administrative process that is distinct from the criminal charges. If you do not schedule a DMV hearing within 10 days of your arrest, your license will be suspended for 4 months for a first DUI offense, and you will waive your right to have a DMV hearing in the future. If you enroll in a required alcohol program, your license may be suspended for 1 month and restricted for an additional 5 months.
How To Be Found Guilty Of Driving Under The Influence – VC 23152(a)
California is one of the most aggressive states when it comes to prosecuting DUI cases. You are unlikely to win your DUI case or get the best possible result in your case if you do not hire an experienced DUI attorney.
To prove that you were driving under the influence of an alcoholic beverage or a drug, the prosecutor must prove the following elements:
- You drove a vehicle; AND
- You were under the influence of an alcoholic beverage and/or a drug or the combined influence of both when you drove the vehicle.
You were “under the influence” if, as a result of drinking an alcoholic beverage, and/or taking a drug, your mental or physical abilities were so impaired that you were no longer able to drive a vehicle with ordinary care.
What Is Ordinary Care For Purposes Of A DUI?
“Ordinary care” is defined as the caution a sober person would use in similar circumstances. The manner in which you drove is not enough by itself to establish whether you were under the influence of an alcoholic beverage or a drug. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether you were under the influence.
Driving With A Blood Alcohol Level Of 0.08 Or Greater – VC 23152(b)
To convict you of a DUI with a BAC of 0.08% or higher, the prosecutor must prove the following elements:
- You drove a vehicle; AND
- Your blood alcohol level was 0.08 percent or more by weight when you drove the vehicle.
Basic DUI Science You Must Be Aware Of
When you consume an alcoholic beverage, approximately 20% of the alcohol is absorbed into your stomach lining and the remaining 80% is absorbed by the small intestine. Your blood alcohol content (BAC) reflects the amount of alcohol in your body and measures the difference between rate of absorption and elimination.
A few of the factors affecting absorption and BAC include the following:
- Your sex;
- Your weight;
- Your height;
- Your drinking pattern;
- If you have eaten food prior to consuming alcohol; OR
- The alcohol by volume (ABV) of the beverage.
The intoxication of an individual depends on the absorption, distribution, and elimination of alcohol through the body. The rate of absorption, distribution and elimination varies greatly between individuals, and can have a substantial effect on an individual’s level of impairment and chemical test results.
Rebuttable Presumption Of Impairment
If your BAC is 0.08% or greater at the time a chemical test is performed within three hours of your driving, a rebuttable presumption exists that you had a BAC of 0.08% or greater at the time of driving. An aggressive DUI lawyer can argue that you might have been over the legal limit at the time of the chemical test, but not at the time of driving. If the prosecutor cannot show that you were over the legal limit at the time of driving, you may not be convicted of a DUI.
Speak To An Experienced DUI Defense Lawyer at Wallin & Klarich Today
At Wallin and Klarich, we begin every case with the assumption that our client is innocent of the pending DUI charge. We are familiar with all of the elements that the district attorney must prove in order to convict you of a DUI. We do not let our clients plead guilty to a DUI charge without first making the prosecutor prove every element beyond a reasonable doubt. The DUI Defense attorneys at Wallin & Klarich also work tirelessly to negotiate reduced charges in order to allow our clients to avoid jail time, retain their driving privilege, and maintain their employment.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for your free phone consultation.