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Mojave DUI Lawyers

1. Mojave Lawyer: Vehicle Code ¤ 23152. Driving under the influence; Drivers of commercial vehicles (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. (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. (c) It is unlawful for any person who is addicted to the use of any drug, such as marijuana, 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 any 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 DUI 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) This DUI section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. ¤ 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more. (f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State. If your breath test was over .08%, or if there was a blood sample withdrawn or a refusal reported, the Mojave Police probably took your license and issued you a notice of suspension and 30-day temporary license. A first offense DUI involves a four-month suspension; a refusal or a second offense within ten years will result in a one-year suspension. These suspensions can be successfully contested by an experienced DUI attorney, but it is critical that the individual or, preferably, his attorney, CONTACT THE Kern County DMV WITHIN 10 DAYS OF THE ARREST. The importance of this cannot be overstated; without a properly submitted request, there will be no hearing and the suspension will automatically take effect 30 days after the arrest. Some cases can be resolved without the client ever going to Court. Drug Intoxication including marijuana, cocaine and methamphetamines can also result in additional charges being filed by the District Attorney in Kern County.