Driving under the influence of an intoxicating substance is a serious crime in California. While this crime is most associated with alcohol consumption, any substance that causes someone to drive in a reckless manner can be used as a basis for this charge. If you are charged with this crime, you must know that the system is stacked against you.
Without DUI representation by an experienced DUI defense team, like Manshoory Law, it is a near certainty you’ll receive significant penalties that will last longer than you think.
Seeing the inside of a jail cell and facing heavy fines is just the beginning. Along with these penalties, DUI offenders often face license suspension, long probations, forced use of an ignition interlock device, and expensive DUI schooling. Furthermore, your insurance costs will go through the roof for years and you will experience additional hassles with the Department of Motor Vehicles. All these penalties only increase if you have been convicted in the past.
You must have an experienced DUI lawyer on your side to avoid these penalties. Often in their urge to protect the community, the police will commit errors while testing you for DUI. Our team can find these errors and attempt to get your charges overturned so you won’t have to face these heavy penalties. Furthermore, if the evidence is against you, we will do our utmost to negotiate with the prosecution to give you a reduced sentence.
The laws around DUI can get very complex depending on your circumstances and any prior DUI convictions, but for the charge of DUI itself, there are two main laws. The first is Vehicle Code section 23152(a), and the second is Vehicle Code section 23152(b).
Vehicle Code section 23152(a) – Covers general rules around driving while intoxicated. If an officer pulls you over because they think you’re weaving or driving recklessly and think you may be drunk or high, this is the law they’ll use to arrest you.
Vehicle Code section 23152(b) – Covers the rules regarding blood-alcohol concentrations (BAC). In California, the limit for most drivers is 0.08%. If you are at this limit or above, you are automatically assumed to be intoxicated even if there is no other evidence.
There are multiple legal challenges that can be raised against both of these laws in a courtroom, such as improper roadside tests, improper reasons for a stop, or faulty breath or blood tests. Every case is different, so if you are charged with DUI then you must speak with our legal team immediately.
Why Is A License Suspension So Common With DUI?
If you are charged with DUI, there are actually two cases started against you. Suspended license cases go through the DMV. If you do not have a lawyer on your side to defend you within 10 days of your arrest, it’s a near-guarantee that your license will be suspended without your knowledge. If this happens, you will be at legal risk if you drive on your own for any reason.
While it is legal to consume marijuana in California, there is no acceptable minimum for driving while high. However, the byproducts in your body after consumption can last for weeks and these can be picked up by a test. Officers will often use other observations of your driving to bolster their case if they believe you’re driving while high. Driving while under the influence of marijuana is a new area of law and will require the skill of an experienced attorney to navigate.
If you have been convicted of DUI in the past in California, then get arrested again for DUI in a crash where someone was killed you will be charged with second-degree murder as well. This is called a Watson murder charge. If you are in this unfortunate situation it is imperative that you get a lawyer as soon as possible.
Are you over drinking limit?
Your freedom and your financial future are at stake if you are charged with DUI. Time is of the essence if you have been charged with this crime. Contact Manshoory Law Group immediately for a consultation. The sooner we can act before your arraignment, the better your chances of avoiding serious consequences.