Wednesday, February 25, 2009

California DUI laws & DMV considerations in a California DUI / DMV defense case

California DUI criminal defense lawyers at http://www.sandiegodui.com/defenses.html
and California drunk driving attorneys at http://www.sandiegodrunkdrivingattorney.net/blood.html are often
asked about California DUI laws.

In California, the DUI laws are written under the California
Vehicle Code VC 23152 Alcohol and/or Drugs. The DUI law was
codified back in 1935. The law distinguishes between a
misdemeanor and felony. According to its definition, a
misdemeanor does not imply any injury to person or property.
The section 23152 is specific in dealing with drunk driving
misdemeanors. The penalty for such a crime can be up to 6
months in jail.


The law makes driving after drinking or consuming any other
substance that influences the senses unlawful. The phrase
DUI is highly litigated and much debated, especially since it
can't be clearly defined and symptoms vary from person to
person. The commonly accepted definition of under the
influence refers to any person who is not fully conscious,
tends to stumble, loses coordination or reacts slowly. The
definition also includes the partial loss of visual sense.

California law also quantifies the unlawful limit of alcohol as
being .08% of the weight of the person. So, you are unfit to
drive if you have consumed more alcohol than .08% of your
body weight.

A person is required to undergo a chemical test if he or she
is arrested under California DUI. The results of this chemical test are
used as evidence in court. Therefore, the court will
consider it as a final proof of your guilt and pass sentence
accordingly if you are unable to prove the chemical test
results incorrect.

There are several California defense attorneys who are specialists in California DUI.
Apart from chemical tests, several other factors also
influence your California trial, such as your previous record and the California
charges against you. California's good attorneys can use technical
expertise to assist in the best possible representation.

What you must do within 10 days of being arrested of a California DUI:

10. If you need to save your driver's license or privileges, your California DUIattorney has only ten (10) calendar days to contact DMV!



Do not schedule yourself. If you contact DMV to schedule a date conflicting with your California DUI attorney's calendar, DMV will not reschedule and you may not get the California DUI attorney of your choice. There is no rush as long as your California DUI attorney contacts DMV by the 10th day from your arrest.



9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.



8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.



7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.



6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.



5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.



If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.



4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!

The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good "until the court date". If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.



3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)



Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.



2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!



1. All a California DUI-DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!






Click on below sites for more information or to contact a California DUI Lawyer who can help:

California DUI Lawyer


San Diego DUI


California DUI Attorney


San Diego DUI Help