Depending on the circumstances of the offense, a DUI/DWI arrest can be charged as a misdemeanor or a felony by the District Attorney. This is the most common criminal charge brought against individuals in California. The penalty for a first time offense can range from suspending your license, fines, alcohol abuse programs, to jail time. For multiple offenders, even if you are just pulled over for a speeding ticket, you could be subjected to far more severe penalties. If you are convicted of DUI in Los Angeles, Orange, Riverside or San Bernardino County (or any other county in California), the conviction stays on your record for 10 years and could affect your credit, car insurance and employment status. In addition, penalty enhancements can be charged against a person who also refuses to submit to a chemical test, who was driving at an excessive speed, who at the time of the arrest had a passenger in the vehicle under the age of 14, or who has an excessive blood alcohol concentration.
Any person who drives a vehicle while under the influence of alcohol, any drug, or the combined influence of alcohol and any drug can be found to violate Vehicle Code Section 23152(a). Even if the person is not technically under the influence, one who is driving a vehicle while having a blood-alcohol level of 0.08 percent or more violates Vehicle Code Section 23152(b). These are two distinct violations. Driving with a blood-alcohol content of 0.08 percent or more is not the same offense as driving while under the influence of alcohol or drugs. A driver with a blood-alcohol content of 0.08 percent or more, is thought to violate Vehicle Code Section 23152(b), even when he or she retains the ability to drive a vehicle with the caution that is characteristic of a sober person of ordinary prudence.
Any person who, while under the influence of any alcoholic beverage or drug, or under the combined influence combined influence of any alcoholic beverage and drug, drives a vehicle and concurrently does any act forbidden by law, or neglects any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver, violates Vehicle Code Section 23153(a). Even if the person is not technically under the influence, one who is driving a vehicle while having a blood-alcohol level of 0.08 in his or her blood, and concurrently does 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, violates Vehicle Code Section 23153(b).
There is little sympathy for DUI offenders, even for first time offenders. This is especially true in Orange and Riverside County, as these counties are notoriously harsh on DUI offenders. For that reason, it is extremely important to hire an Orange or Riverside DUI lawyer. Our firm takes the time to investigate your case, from arrest to blood analysis to ensure we provide you with the quality representation and attention your case deserves. In most cases, our clients will not need to appear in Court. Riverside DUI lawyers at the Legacy Counsel will appear in court for you so that you will not need to miss work or school. We will then contact you to notify you of what happened, and to discuss your case.
There are many technicalities in the law that an average person would never know, and only an Orange or Riverside DUI Lawyer can make the best arguments in your defense. You may think that if you were arrested, and tested at the legal drinking limit, BAC .08 or above, then you’ve already lost your case and there is no reason to fight it. But DUIs are very defensible. I know there is much, much more to a case than just the BAC result provided at the scene. Don’t forget, it the District Attorney’s job to prove you are guilty; not yours to prove you are innocent. For this reason, it is important to speak with a Los Angeles, Orange, San Bernardino or Riverside DUI lawyer as soon as possible to discuss your case and possible options