DUI DEFENSE
In the State of California, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. The crime of DUI (Driving Under the Influence) is broken down into two categories. California Vehicle Code Section 23152 states the following: Paragraph (a) states, “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” This paragraph describes Impaired Driving. Paragraph (b) states, “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. This paragraph describes driving with a .08 percent Blood Alcohol Concentration or higher.
DRIVING UNDER THE INFLUENCE – VC § 23152(a)
To prosecute a charge of impaired driving under California Vehicle Code Section 23152(a), the State need only prove that the accused was operating a motor vehicle at a time when his or her ability to do so was impaired, due to the consumption of drugs or alcohol. This charge does not require a blood or breath test. Obvious signs of impairment (i.e. poor driving or physical manifestations of impairment) are sufficient to bring the charge and seek a conviction.
DRIVING WITH A .08 BAC or HIGHER – VC § 23152(b)
Driving with a Blood Alcohol Concentration (BAC) level over .08 percent is technically a different charge from impaired driving and can be complicated to defend. To successfully prosecute an accused under California Vehicle Code Section 23152(b), the State need only prove that the accused was driving a motor vehicle with a .08 BAC or higher. If the State can prove beyond a reasonable doubt that the accused was operating a motor vehicle with a BAC of .08 or higher, then it may be presumed by a trier of fact (jury) that he or she was under the influence of alcohol. The law is constantly changing in this area, and there are a number of defenses that apply to these charges.
Convictions for either of these offenses (23152(a) or 23152(b)) can have severe consequences such as suspension or revocation of your license, increased insurance rates, fines and even jail time. It is important to hire a lawyer with expertise in this area of the law who can help you to achieve the best possible outcome. Our law office will schedule a consultation with you to discuss the particulars of your case, and will assist you in determining the best defense strategy for your case.
Strategic Defense Against DUI Charges
Depending on your particular situation, an impaired driving conviction can result in jail time, fines, loss of your driving privileges, serious career setbacks and damage to your reputation in the community.
When you hire the Law Office of Earl Robertson III to defend you, we will take the time to listen to your situation and craft a strategic Defense that minimizes potentially devastating consequences of being charged with impaired driving. We help clients by:
Examining the search and seizure methods used by the police to uncover rights violations guaranteed under the 4th Amendment
Examining the blood and breath tests conducted for errors and inconsistencies
Exploring alternatives to incarceration, such as diversion programs and treatment options when appropriate
DRIVING ON A SUSPENDED LICENSE
California Vehicle Code 14601 VC makes it a crime to drive when you know that your driver's license has been suspended or revoked.
You can be guilty of driving on a suspended license under VC 14601 if your license was suspended or revoked for any number of reasons, including but not limited to having too many points on your driving record or a prior conviction for driving under the influence of drugs or alcohol.
Driving on a suspended license under Vehicle Code 14601 VC is a misdemeanor. The potential punishment includes a county jail sentence and substantial fines.
However, the exact penalty for VC 14601 driving on a suspended license depends on why your license was suspended or revoked in the first place
Our law office can defend you and fight charges of driving on a suspended or revoked license on a number of different bases including:
A lack of knowledge that license had been suspended or revoked;
Original suspension or revocation of license was invalid; and
Right to drive under a restricted license.
DRIVING WITHOUT A LICENSE
Vehicle Code 12500(a) VC makes it unlawful to drive in California without a valid driver's license. The driver's license does not have to be from California. It can be from any jurisdiction as long as:
It was issued by the state or country in which the driver resides, and
It is currently valid for the type of vehicle the driver is driving.
VC 12500 is typically charged when someone is driving and he or she:
Has failed to renew a driver's license, or
Never obtained a license in the first place, or
Becomes a California resident and fails to get a new driver's license within 10 days.
Difference between driving without a license and driving on a suspended license
Driving without a license is not usually charged when someone's license has been suspended or revoked by the California DMV.
Instead they will be charged with the more serious offense of driving on a suspended license, Vehicle Code 14601 VC.
Penalties for driving without a license
Driving without a valid license can be classified as a California “wobblette” type offense. This means it can be charged as either a California misdemeanor or a non-criminal infraction.
As an infraction, driving without a license carries a potential fine of up to $250.
But if charged as a misdemeanor, VC 12500 can be punished by:
Up to six (6) months in county jail, and/or
A fine of up to one thousand dollars ($1,000).
CONTACT OUR LAW OFFICE TO FIND OUT HOW WE CAN ASSIST YOU
Whatever the nature of your offense, we can help. To learn more, contact us using the form below or at 951-977-9828 to schedule a free consultation. Spanish translation services are available.