DUI DEFINED
DUI is an acronym that stands for driving under the influence. Motorists may be driving under the influence of alcohol, drugs, or a combination of both substances. There are two parts to a California DUI case.
UNDER THE INFLUENCE
The first DUI charge generally is §23152 (a) of the California Vehicle Code, which states it is unlawful for any person who is under the influence of any alcoholic beverage to drive a vehicle. The proof required is that you drove a vehicle; and when you drove, you were under the influence of an alcoholic beverage. You are deemed under the influence if, as a result of consuming an alcoholic beverage your mental or physical abilities are so impaired that you were no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. The law further provides the manner in which you drive is not enough by itself to establish whether you are or not under the influence of an alcoholic beverage. However, it is a factor to be considered by a jury, in light of all the surrounding circumstances, in deciding whether you were under the influence. This takes into account the level of impairment of the driver. This level of impairment is often determined when law enforcement officers are talking to the individual or when field sobriety tests are performed. Officers will often make notes about slurred speech, bloodshot eyes, the odor of the driver, and how the driver is acting. Sobriety tests are performed to determine if a driver is impaired. When these tests are administered, officers look for stumbling, falling, tripping, and other signs that a driver may have been drinking.
0.08 % OR MORE
The second DUI charge generally is §23152(b) of the California Vehicle Code, which states 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. Additionally it is presumed that if you had 0.08 percent or more, by weight, of alcohol in your blood at the time of driving the vehicle, or 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. It must be proved you drove a vehicle; and when you drove, your blood alcohol level was 0.08 percent or more by weight. This level is determined with chemical testing of your blood, or breath. In California, the presumptive legal limit for blood alcohol level is 0.08%. If this limit is met or exceeded, a driver is presumed to be under the influence, even if they do not show any physical signs of impairment.
FACING YOUR DUI CASE/TRIAL
Facing a DUI trial alone is not an option you want to take. There are serious ramifications to dealing with the legal system that will impact your life if not handled correctly. It is best to obtain the services of a highly experienced DUI defense attorney to handle the proceedings for you. If you require a trial setting in order to resolve your DUI charges, having Attorney Kenneth M. Hallum representing you will provide you the best option for a successful outcome. Each case is unique with an individual set of facts, mistakes, and legal arguments, and most important each case has a unique individual component – YOU.
When the evidence “seems” overwhelming, that is when you need a DUI attorney dedicated to DUI defense in order to make sure that every possible issue and defense is explored! You can win at trial, and Attorney Kenneth M. Hallum is dedicated to that goal. With his extensive law enforcement experience, he is a best bet for a strong and aggressive DUI defense lawyer.
Facing a DUI? Contact the Law Offices of Kenneth Hallum right away!