DUI Charges Under California Law

March 10, 2016

DUI Charges

DUI Charges can have extreme consequences for many many people including professional drivers, anyone with a specialized license or permit or even immigrant.  The punishment for a DUI can include DUI classes, IID, fines and even jail time.  DUI charges under California law can be found in Division 11 and Division 11.5 of the California Vehicle Code, one of 26 different legal codes in California.

The specific DUI charges are usually found in the California Vehicle Code 23152 for “simple” DUI charges and CVC 23153 for DUI with injury charges.

The crime of drunk driving can be a felony DUI or a misdemeanor DUI.  What determines if it is a felony DUI charges or misdemeanor DUI charges is the record of the defendant and presence of an injury accident, a major factor in aggravation.  The penalty section of the DUI charges is fairly complex because many factors will influence the punishment which is also extremely diverse.  In addition, the DMV have established its own rules to combat drunk driving and can do license suspensions and revocations for drivers arrested for a DUI.  The DUI charges can also be brought against a driver when he refused to agree to a DUI chemical test after a DUI arrest by a police officer.  The complexity of the DUI sentencing and prosecution requires hiring an expert DUI defense attorney  knowledgeable not only in DUI law but also in the science behind DUI charges.

Many persons arrested for DUI’s can also be charged with other crimes related to driving, such driving on a suspended license in California or driving without valid license in violation of California Vehicle Code 12500.  Both of these crimes, when charged at the same time as a DUI charges will result in increased punishment, such as additional jail time.  The punishment policy of many prosecutorial agencies is to require an additional 2 days of jail time when the driver is accused of violating a California Vehicle Code section 12500.  Driving on a suspended license in California is a more serious crime and the prosecutor might request that an additional ten days of jail time.

Recent changes in the law gave the state a validation to charge drivers with DUI charges when drugs are used.  This recent law is passed as CVC 23152(e).  Prior to passing of this law, California prosecutors were sill charging drug DUI as part of the impairment count found in the California Vehicle Code section 23152(a).  Now, their job became easier and impicitly approved by the legislation despite the lack of any science to support a conclusion that impairment can be correlated to a specific level of drugs in the blood of a defendant.  Moreover, the federal government is providing grants for many prosecutorial agencies to help get convictions for drug related DUI charges.  For example, Los Angeles City attorney office have organized a unit that specialized in Marijuana DUI and other drugs DUI prosecutions.

Los Angeles DUI attorney have defended numerous DUI cases in his 13 years of practice.  Most of his clients who faced DUI charges got the best deals possible under the circumstances and were able to overcome with Los Angeles DUI lawyer’s help the burdens associated with DUI charges.  DUI defense is highly specialized area and you need to hire a specialist to help you defend your case.  Call Los Angeles DUI attorney now (818) 921 7744 to talk to an attorney directly and find out how you can fight your case.  We can help you keep your license by providing quality affordable defense.  Recent office addition in San Fernando Valley gives us an ability to handle Van Nuys DUI and San Fernando DUI cases. Call us 24/7 to schedule a free consultation.

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