When one thinks of a charge for Driving Under the Influence (DUI), they typically do not think of the civil side. Most people, when they hear DUI, they think of the criminal offense. However, DUI charges also come with the possibility of civil penalties through the Department of Motor Vehicles (DMV).
After one is arrested for suspicion of driving under the influence of alcohol and/or drugs, one’s privilege to drive is suspended after 30 days of the arrest date, unless one requests a DMV hearing within 10 days of their arrest date. Administrative Per Se (APS) Hearings are held (if requested within 10 days of arrest) for the purpose of either upholding the suspension against one’s driving privilege or to set it aside. At these hearings, a DMV hearing officer is assigned to determine three issues:
1. Whether the person was lawfully arrested;
2. Whether law enforcement had reasonable suspicion to believe that the person was driving under the influence;
3. Whether or not the person had a .08% or more Blood Alcohol Concentration (BAC) at the time of driving.
We understand that being arrested for any alleged criminal offense is not only a difficult time for you, but also a scary and uncertain time in your life. We are here to help you through this and to make life as easy as possible for you. We are here to defend against your constitutional rights and to ensure that justice is served! There is a huge misconception out there that arrest = guilt, and that is completely and utterly FALSE. Police are trained to play the safety card and err on the side of caution when making an arrest. This does not necessarily mean that they are doing a bad job if a person they arrest is later found NOT GUILTY. It merely could mean that they are playing it safe ... and leaving guilt up to a judge, jury, or the District Attorney's Office to even file charges.
Common charges associated with DUI cases under the California Vehicle Code are:
23152(a)-It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
23152(b)- It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
23153(a)-It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do 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.
23153(b)-It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do 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.
If there is no accident or injury, a person charged for suspicion of DUI will likely face charges under both Vehicle Code Sections 23152(a) and 23152(b). Unless it is a person's fourth DUI charge within 10 years, the District Attorney will likely file a misdemeanor complaint against the suspect. Penalties can include thousands of dollars in fines, jail time, driver's license suspension, public work service through the Police Department, Mother's Against Drunk Driving (MADD) class, and mandatory alcohol classes (ranging from six weeks to thirty months).
However, if there is any injury to any person other than the driver, a person charged for suspicion of DUI will likely face charges under both Vehicle Code Sections 23153(a) and 23153(b). These are very serious charges that can be filed as either a misdemeanor or a felony. Penalties can be similar to a complaint filed under 23152(a) or (b), however, often include mandatory jail or prison time if convicted.
DUI cases can be extremely complex and difficult to navigate. With our expertise, we will guide you through the process and advise you of every option along the way. It is such a game of speculation until we get the police report(s), calibration records, lab packets and all of the necessary information we need to fully advise you. Often times, this is a long process and it can take awhile to receive all of the relevant material. We ask for your patience as we gather all of the necessary information to properly defend your case. It could take up to a month or two to even get the police report(s).
Unless you choose to retain the services of Joshua J. Price to make sure your constitutional rights have not been violated, you may never know!