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DUI

DUI Offenses

  • VC 23152(a) – Driving under the influence of Drugs or Alcohol or Both. Usually charged with this crime. Any amount of alcohol in your system is enough but the prosecution has the burden (if BAC under .08) to prove you were impaired at the time you were driving.
  • VC 23152(b) – Driving Under the Influence of Alcohol with a BAC of .08 or higher. Under this subdivision is it automatically assumed you were too impaired to drive.
  • VC 23152(C) – Commerical Driving with a BAC of .04 or higher.
  • VC 23550 and 23550.5 – Felony Drunk Driving Due to Prior Convictions
  • VC 23136 – Driving under the influence with a BAC of .01 or higher and under the age of 21.
  • VC 23140 – Driving under the influence of BAC of .05 higher under the Age of 21
  • VC 23577 – Chemical Test Refusal Sentence Enhancement Sentence
  • VC 23572 – Child Endangerment
  • VC 23153(a) & (b) – Felony DUI. Usually in Cases with Bodily Injury
  • VC 12500 – Unlicensed Driver
  • VC 14601 – Driving with Suspended License

Initial Stop

Below are some reasons as to why you may be stopped:

  1. Weaving
  2. Cracked Windshield
  3. Speeding
  4. Tinted Windows
  5. Illegal U-Turn
  6. Object Hanging from Rear-View Mirror
  7. Flicking Ashes
  8. Defective Tail Lamp
  9. Failure to use turn signal
  10. Missing License Plate
  11. No Seatbelt
  12. DUI Checkpoint

Arrest vs. Detention

During a DUI investigation the Defendant is deemed only detained. Therefore, any statement made during the initial stop will be allowed into court. However, if the officer believed he has enough probable cause to arrest (probable cause to arrest = facts known to the officer would lead an ordinary prudent person to enteraint an honest an strong opinion that the person arrested is guilty of a crime) than, Miranda rights must be given and if not statements can and should be suppressed.

 

An officer usually forms the opinion that there is probable cause to arrest if some or all of the following are present:

 

  1. Manner of Driving – examples are swerving, driving too slow
  2. Behavior and Symptoms – examples are smell of alcohol, smell of marijuana, eyes are blood shot and/or red.
  3. By having the Defendant complete a Field Sobriety Test. (Important to note, that unless you are under the age of 21, on parole or probation, you do not have to submit to a Field Sobriety Test with some caveats)
  4. By having the Defendant complete a breath sample in the field using a PAS devise (Preliminary Alcohol Screening Test). (Important to note, that unless you are under the age of 21, on parole or probation, you do not have to submit to a PAS Test with some caveats)

DMV Proceedings

What are the grounds for the issuance of a APS Order?

 

  1. Under Age of 21 and BAC of .01 or higher
  2. BAC of .01 or higher while on Probation
  3. BAC of .04 or higher while driving a commercial vehicle
  4. BAC of .08 or higher while driving
  5. Refusal to Submit to a chemical test of PAS test if under 21 years of age or on probation.

Under 21 with a BAC of .01 or Higher

.08 or higher BAC

Refusal

DUI Probation .01 or Higher

No Prior Convictions or Administrative Action within 10 years of offense

One Year

After 30 days, “Critical Need”

Restriction Elligible

SR-22

Four Months

After 30 days,

Restriction Eligible Unless New Arrest

SR-22

One Year

No Restriction Eliginility

SR-22

N/A

One Prior Conviction and/or Administrative Action Within 10 Years

One Year

No Restriction Eligibility

SR-22

One Year

IID- Restriction

Eligibility After 90 Days

SR-22

Two Years

No Restriction Eligibility

SR-22

One Year

IID-Restriction After 90 Days

SR-22

Two or more Convictions and/or Administrative Actions within 10 Years

One Year

No Restriction Eligibility

SR-22

One Year

IID-estrictions Eligibility After 180 Days

SR-22

Three Years

No Restriction Eligibility

SR-22

Two Years

IID-Restriction Eligibility After 180 Days

SR-22

 

Important: In order to receive license other requirements may be needed.

 

How to Request a DMV Hearing:

  1. By Phone
  2. By Writing
  3. In Person

 

Defendant must request to receive the Discovery and must provide Discovery

 

How to win DMV Hearing:

  1. Prove Not Person Driving at time of DUI
  2. Prove BAC not .08 or higher at time of driving
  3. No Probable Cause to Arrest

 

For Refusals:

  1. Show did not refuse
  2. Was not informed by officer that license would be suspended for one year if refuses to do chemical test.

You only get one chance to hear “Not Guilty”.