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Riverside DUI Lawyers

1. Fernandez, Ella: The California Vehicle Code provides for two separate crimes in most drunk driving arrests: driving under the influence of alcohol or drugs, ÒDUIÓ (VC 23152(a)), and driving with a .08% blood-alcohol content (VC 23152(b)). If the driver is under the age of 21, he or she cannot have a BAC higher than 0.01%. When BAC levels reach the legal limit, a driverÕs physical and mental capabilities become impaired, increasing the chances of getting in an accident that may cause damage, serious injury, or death. If law enforcement suspects an individual is driving under the influence, they have the right to test the driverÕs level of sobriety. This can be done through a series of basic field sobriety tests, or with a breath or blood test. After conducting these tests, if the law enforcement officer finds the driver has a BAC over the 0.08% legal limit, then he/she can arrest the driver on DUI charges. When a driver refuses to submit to a chemical test it may result in a suspension of driving privileges for one to three years. In addition to these tests, law enforcement will look for common signs of intoxication, including slurred speech, an unsteady gait, bloodshot or watery eyes first time DUI, alcohol on the breath, or open containers. If you get arrested for a DUI your driverÕs license will automatically be suspended for 6 months. The department of motor vehicles may issue you a restricted driverÕs license if you enroll in or complete a driving under the influence program. In addition, if you are convicted of a first time drunk driving offense, you could face a variety of legal penalties, including probation for 3 to 5 years, monetary fines, community service, AA or NA classes, required installation of an ignition interlock device, and up to 6 months in jail. Certain factors may be used by the court to increase the punishment. These factors are referred to as Òenhancements.Ó If any of the following circumstances are present in a DUI case, penalties may be substantially increased: * Prior DUI or Wet Reckless w/in the last ten (10) years. * Excessively high blood alcohol content Ð Penalties are increased if the blood-alcohol concentration exceeds 0.15%. * Child endangerment Ð There is mandatory jail time if there was a passenger in the vehicle under the age of 14. * Excessive speeding or reckless driving Ð If the driver exceeded the speed limit by 20 mph on a surface street or 30 mph on a highway with a blood-alcohol content of 0.08% or higher, penalties are increased. * Refusal to submit to chemical test Ð May result in an increased jail term. * Injury or accident Ð Property damage or injury resulting from the offense can result in felony charges and much more severe penalties.
2. James Johnston:

   (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 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.

   Vehicle Code ¤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.

   (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.

   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 driving.

3. Lee Albert: Your rights may be seriously affected if you do not act swiftly.
4. Paul Grech: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.