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Santa Barbara Lawyer William C. Makler has 20 years of experience working in the State and Federal criminal justice systems and represents clients charged with all varieties of DUI/Drunk Driving offenses.
What is a DUI?
Driving Under the Influence (DUI) is usually charged as a misdemeanor where an individual is suspected by the police of having violated one, or both, of the following Vehicle Code sections:
23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) 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.
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.
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 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.
(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
(g) This section shall become operative on January 1, 2014.
The above sections are by no means an exhaustive list of all of the code sections which prohibit various forms of driving under the influence.
A DUI arrest does not mean you are guilty.
Save Your Driver’s License
If your DUI was within the last 10 days, you must act quickly to save your license. CALIFORNIA DUI ARRESTEES HAVE ONLY 10 DAYS AFTER ARREST TO SAVE THEIR LICENSES.
» More information about what you can do to save your driver’s license
Contrary to popular opinion, police officers make mistakes. Moreover, the hyper-technical laws surrounding the regulation of driving under the influence of alcohol (DUI) are rife with ambiguities, if not contradictions. You owe it to yourself to become educated about what to expect and, just as importantly, what to do about it. Much depends on whether you’re actually convicted of drunk driving, as opposed to just arrested. In other words, it ain’t over ‘til it’s over.
Call us now at (805) 892-4922 for a free, no obligation consultation, or send an email to [email protected] and Mr. Makler will get back to you as soon as possible, frequently within a few minutes.