CLICK HERE TIPS TO AVOID MISTAKES AFTER A DUI ARREST

Articles Posted in DUI Accidents

A felony DUI charge is a very different offense than a misdemeanor DUI charge.sA misdemeanor DUI offense covers a wide variety of factual situations, involving a multitude of facts. For starters, driving under the influence cases involve hundreds of difference violations which give rise to the officer justifying the stop. This requirement of good cause, is required to be a valid stop.

Frequently our firm represents clients who have been arrested on suspicion of driving under the influence of alcohol, drugs, or the combined influence of both. Those drivers who have been involved in accidents are exposed to greater potential charges, if an accident resulted in injury to a passenger or other party.

People arrested, often don’t understand that the term accident can describe a very broadsspectrum of circumstances, not just a simple issue. It is critical to our clients defense, to carefully study the accident report to determine a strategy to minimize, if possible, the severity of the accident, thus mitigating, or lessening, the impact of the accident on the possible consequence to the driver.

Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as all criminal charges.

The scope of this blog is not to discuss the pros or cons of pleading guilty or no contest in any particular clients case, since the merits and facts of each case would need to be evaluated to determine the strength or weakness of a criminal prosecution, and whether or not a plea is in the best interest of the client. A careful analysis of any factual evidence, any blood or alcohol test indicating the presence of alcohol and/or drugs, and any witness testimonysfavorable to our clients.

There are three ways a person in a DUI or Criminal Case can be found guilty. At a court trial a judge after hearing all facts of the case presented by the prosecutor and the defense attorney find the defendant guilty beyond a reasonable doubt.

The officer’s observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California’s case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violationssthe officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

A DUI conviction can be charged as a misdemeanor or a felony. The difference between the two will affect the final sentence given. A misdemeanor conviction will receive a sentence on the lighter side of the spectrum whereas a felony will receive a much harsher punishment, especially when there is significant bodily harm.

California Vehicle Code 23152 is the section under which a misdemeanor DUI is charged. It is divided up into two sections. 23152(a) reads that 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. 23152 (b) reads that 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.s23152(a) was the previous DUI law and 23152(b) was added 20 years ago.sThe legal Blood Alcohol Level (BAC) used to be a .10% and has been reduced to .08% in California with a trend towards reducing it further to .06%. Compared to many countries who require a .0% BAC, we are still much more tolerant. A conviction under either 23152(a) or 23152(b) will result in a misdemeanor charge.

California Vehicle Code 23153sis the code section under which a felony DUI is charged. Like misdemeanor DUI, it is divided into the two same sections with one additional statement. 23153 (a) reads; 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 and 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.s23153(b) reads that it is 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.