Sunday, April 22, 2012

DMV Actions based on Facts & Issues attorneys contest after a San Diego DUI arrest

California DMV must review San Diego DUI documents to determine what type of suspension action Department of Motor Vehicles will pursue. San Diego DUI Lawyers & DMV Attorneys base their approach upon the type of proceeding the driver is facing.

DMV lists the BAC, over 21, under 21, Refusal and related San Diego DUI or drunk driving license suspension actions in this new Driver Safety Manual. A driver wishing to contest the action must then contact a San Diego DUI / DMV attorney.

Here's a sample of some of the San Diego DUI facts & issues California DMV must determine based on a preponderance of San Diego county DUI agency documentary evidence:

BAC:

• The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of §23136, §23140, §23152, §23153, or §23154 VC

• The person was placed under arrest or if the alleged violation was of §23136 VC or §23154 VC, the person was lawfully detained

• The person was driving a motor vehicle under any of the following circumstances:

~ When the person had a BAC of 0.08% or more.

~ When the person had a BAC of 0.04% or more when operating a vehicle that requires a commercial driver license.

~ When the person was under the age of 21 years and had a BAC of 0.05% or more.

~ When the person was under the age of 21 years and had a BAC of 0.0 1% or greater as measured by a PAS or other chemical test.

~ When the person had a BAC of 0.01 % or more while on DUI probation for a conviction of §23152 or §23153 VC as measured by a PAS or other chemical test.

REFUSAL:

The department sustains the suspension/revocation when a determination in review made under §13353 or §13353.1 VC by a preponderance of the evidence, establishes all of the following facts:

• The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of §23136, §23140, §23152, §23153, or §23154 VC

• The person was placed under arrest or the person was lawfully detained if the alleged violation was for §23136 VC or §23154 Vc.

• That the person refused or failed to complete the chemical test or tests after being requested by a peace officer. (If the driver, under 21 years of age or driving in violation of §23l54 VC, refuses to submit to or complete a PAS test, the officer has the discretion to offer the driver a breath or blood test. This is done at the discretion of the officer.)

The following are examples of refusing to submit to a chemical testes) when a person is arrested/detained for driving a motor vehicle while under the influence of alcohol.

The driver refuses to submit to or complete:

• a chemical test after being offered the choice of both the breath and blood test.

• the blood test when the breath test is unavailable.

• the breath test when the blood test is unavailable.

• a urine test when both the breath and blood tests are unavailable or the officer suspects drug use.

• a PAS test or other chemical test.