California Vehicle Code §23152 makes it unlawful for a driver to be operating a vehicle while under the influence of any alcohol or drugs. The code section used to only include subsections (a) and (b) but as of January 1, 2014, the code section has been revised and additional sections…
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What Evidence Can They Use Against me in a Los Angeles DMV Hearing?
When you have been charged with the suspicion of driving under the influence of alcohol and/or drugs under California Vehicle Code §23152 or §23153, you will be given a Court date to appear before a Criminal Judge in Criminal Court. It is also very important that you call the DMV…
Fighting Drunk Driving Charges Involving Low Blood Alcohol Readings in Los Angeles Courtroom’s
California state law prohibits anyone from driving a motor vehicle when your driving ability is impaired under section 23152 (a) of the vehicle code. Drivers are also prohibited under section 23152 (b) of the vehicle code to drive a motor vehicle when their blood alcohol level is a .08% or…
Getting Your Los Angeles DUI Case Dismissed ! ! !
Client always asked me at our first consultation, whether or not it is possible to get the their recent DUI case dismissed. I provide each client with an honest answer, that is, it depends. The law requires that for a driver to be convicted of a driving under the influence…
How Can I Attack the Accuracy of a Blood or Breath Test in Los Angeles?
When a person is charged with a DUI, the government makes their case using all evidence gathered during the arrest. This evidence will include the officer’s report and observations as well as the reading from any blood or breath test taken. These two pieces of evidence will make the bulk…
The Law of Implied Consent … Knowing Your Rights And Obligations After Being Arrested For Driving Under The Influence of Alcohol in California
California law requires drivers as a condition of issuing them a license to submit to a chemical test if requested by a police officer when one has been stopped on suspicion of driving under the influence of alcohol or drugs. Drivers have a choice to submit to a breath sample…
Legal Defenses to Refusing a Blood Test During a California Driving Under the Influence Arrest
When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. If…
DUI Breath And Blood Testing… Which is a Better Choice After Being Arrested For a California Drunk Driving Case
This is a very good question. There are two kinds of chemical tests under California state law to determine a driver’s blood alcohol content (BAC) at the time he was stopped on suspicion of driving under the influence of alcohol, drugs, or both. Until recently, there was also a urine…
Drinking Smart in Los Angeles… Effective Strategies to Avoid Getting Arrested For Drunk Driving
There is nothing illegal about drinking alcohol. There or is also nothing illegal about drinking alcohol and driving. It is only against the law to drive a motor vehicle with a blood alcohol level (BAC) of .08% or more. The state of California created this law under section 23152 of…
Potential DMV Consequences for Refusing a Chemical Test in a Los Angeles DUI
If you have been charged with a DUI and at the time of your arrest you refused to take a chemical test, then the consequences regarding your license may vary. A DMV hearing must be scheduled within ten days of your arrest. At the DMV hearing, an officer will review…