California DUI Laws
The basic premise of all California DUI laws is that you are forbidden from driving while under the influence of alcohol and/or drugs. Vehicle Code 23152(a) VC driving under the influence is the most basic of the California DUI laws. California DUI laws are not only enforced through the California Superior Court but through the California Department of Motor Vehicles as well. Because California DUI laws permit some prosecutorial discretion with respect to these situations, they are ripe for negotiations during DUI plea bargaining…which could ultimately result in misdemeanor charges. California DUI penalties vary greatly, depending on which California DUI law you violate. Underage California DUI laws are, for the most part, different from the laws that regulate drivers who are over 21. Depending on the facts of your specific case, if you are caught drinking and driving while you are under 21, you face prosecution under any or all of these California DUI laws. As you can imagine, out-of-state California DUI laws are different from the laws that pertain to in-state drivers. If you find yourself facing a California DUI as an out-of-state driver, it is advisable that you immediately contact a skilled DUI defense attorney who can help guide you through California’s criminal court process. A defendant will be punished under this California DUI law if he has at least one prior DUI and has since been warned about the dangers of drinking and driving but nonetheless kills another during a subsequent DUI. 13For purposes of California DUI law, California Vehicle Code sections 23536-23548 and 23554-23562 detail the various penalties imposed in connection with misdemeanor DUIs under Vehicle Code 23152 and 23153 VC. 14California Vehicle Code sections 23550-23552, 23566 and 23568 list felony penalties for Vehicle Code 23152 and 23153 VC, respectively.
Bakersfield DUI Attorney, Criminal Lawyer- Bruce Blythe
Under California law the District Attorney must prove that the blood alcohol level in the driver’s sample was the actual blood alcohol level he or she had at the time of driving. Since a person’s BAC changes over time it is not always easy to establish that the driver was at that same level, particularly when the blood is drawn hours later. The way a driver retrieves his license, handles his or her wallet and locates and presents the vehicle registration and insurance card all tell the cop whether they will be continuing a detention for driving under the influence or letting the driver go with a ticket or a warning. We turn the tables in Court in most cases where our client did not display any problems and show that the driver’s motor skills were normal and the suspect was not impaired either mentally or physically and therefore there was no reason to arrest for DUI. The penalty for a DUI in Bakersfield is about the same as for any other city in California with some exceptions. Getting arrested for drunk driving is just an allegation, nothing permanent goes on your record unless you plead guilty, no contest or are convicted in Court. In most DUI prosecutions the state will introduce evidence to show the accused was impaired due to alcohol to the extent they could no longer drive a motor vehicle safely. California DUI Law UpdateRecently, the state enacted legislation to allow for early driver’s license reinstatement for 2nd, 3rd and 4th time offenders. Unfortunately the law specifically excludes driving under the influence crimes. The first is that the individual is given a Court date to appear in the Bakersfield or other Kern County Court and answer to the criminal charge of driving under the influence and/or driving with a.08% or higher blood alcohol level. Second, the driver is given a DMV order of suspension and temporary drivers license.
Helpful Info on DWI in New Mexico
This informational web site is intended to provide useful information to citizens accused of Driving While Intoxicated in New Mexico. WARNING! If you have been charged with refusal to submit to a breath or blood test, or if you provided a breath sample with a B.A.C. of.08 or higher if over 21 years of age, or.04 or higher if driving a commercial vehicle, or.02 or higher if under 21 years of age, your driver’s license or privilege to drive will be revoked twenty days after your arrest, unless you make a written request for a hearing within ten days of your arrest. Penalties for DWI will vary depending on the facts of your case, the jurisdiction or court that you are charged in, and whether this is a first offense, second offense or other subsequent offense. Your WRITTEN request for a hearing on the revocation of your Driver’s License must be received by the Motor Vehicle Department within ten days from the date you were served with a Notice of Revocation. Has represented out of state drivers in DWI/DUI, traffic, license and other criminal matters for over 14 years. We are often able to resolve your moving violations, speeding or other misdemeanor and traffic charges without you ever having to return to New Mexico. We have resolved traffic cases throughout New Mexico and are ready to help you resolve your New Mexico ticket, warrant, misdemeanor and other criminal matters. Whether your ticket is in Albuquerque Metro Court, or one of the New Mexico Magistrate Court or Municipal Courts throughout the state, we can help. If you have a Metro Court Warrant, a Magistrate Court Warrant, of any New Mexico Warrant, contact us. We have been able to resolve traffic warrants, license suspensions, revocations and other license related issues for out of state drivers without them ever having to return to New Mexico.