Vehicle Code section 23152 (a) DUI

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DUI Lawyers of Southern California
Pasadena, Downey, LA DUI ATTORNEY
1-866-548-2529
DUI
Is it against the law to drink and drive?

No. In fact, in every jury trial we do, we ask the court to instruct the jury that “it is not against the law to drink and drive.” We have never had a judge refuse to give that instruction to the jury. The mere fact that someone drank alcohol and drove a car is not sufficient to convict anyone. Just because you had a six pack of beers and drove does not mean you are DUI.

In fact in one of our jury trials, the foreperson was a CHP dispatcher and another juror was a victim of a DUI accident and another had a relative who worked for the CHP. They came back with a not guilty verdict on all counts on a case where the client testified he had six beers before driving.



	My blood alcohol level was .08% or greater, am I guilty? Not necessarily. The prosecution must prove that you were driving impaired to convict you of vehicle code section 23152(a). The prosecution must prove you had a .08% or greater to convict you of the vehicle code section 23152(b). Just because you have tested at the police station or hospital to have a blood alcohol of .08% or greater does not necessarily mean that was your alcohol level at the time of driving. In fact, we have obtained dismissals of cases where the blood alcohol was more than two to three times the legal limit. We obtained one of the highest blood alcohol dismissals in the state of California at jury trial with a .27 BAC second time DUI case dismissed in Los Angeles County. Needless to say, the client avoided having to go to jail, avoided an 18 month alcohol program, avoided any license suspension, and avoided any fines. The blood alcohol at the time of testing can be flawed. Often times the police officer is not adequately trained to administer the test. The officer is required to continuously observe you for 15 minutes before making you blow in the machine. On many occasions officers have testified they counted the time they were driving or doing paperwork. The 15 minute wait period serves a purpose. This is to make sure you do not burp, regurgitate or ingest any other fluids that could affect the test results. Furthermore, the drinking pattern of the individual is also important. It is quite possible that at the time you were driving your vehicle, your blood alcohol was far less than the amount tested at the police station. This is particularly true when a blood test is administered several hours after the time of driving. Our dui attorneys can help you today. The Police Officer never told me why he pulled me over, is this important? Yes. If the officer did not have probable cause to make the traffic stop, it may be possible that the case could be dismissed. Our office has challegend numerous DUI cases where the traffic stops were illegal. They included pulling our clients for false reasons such as alleged having a object hanging from the rear view mirror, tinted windows, weaving within the lane, weaving between lanes, impeding traffic, and driving against a one way street. After it was shown that the officers did not have credibility, these cases were ultimately dismissed by the prosecutor after a successful suppression hearing. I am a commercial truck driver, what are the consequences of a DUI if I was drivng my own private vehicle during non work hours? As to your commercial drivers license, it is a one year drivers license suspension on a first offense, and a life time drivers license suspension on your second offense. DUI Testimonials - Partial list Successful 1st time DUI “Thank you for saving my job and getting my .15 BAC case dismissed. You did a great job cross examining the police officer.” Don, San Pedro, California Successful 1st time DUI “The cop did an illegal search of my car. The public defender recommended to me to take a standard DUI deal and prop 36. Thank you for taking over my case and for getting all charges dismissed. George A,. Whittier, California Successful 1st time DUI “My not guilty verdict shows that 6 beers does not necessarily mean you are DUI.” Joseph G. Lakewood, California Successful 1st time DUI "Thank you for getting my DUI charges dismissed, you are a very good lawyer. Pomona, California Successful 7th time DUI “Thank you for keeping me out of jail.” Torrance, California Successful 2nd DUI “Mr. Kita was able to get my second time DUI resolved for a drunk in public.” Daniel A. Los Angeles, California Successful 3rd time DUI “Thank you for getting my husbands third time DUI dismissed.” Ms. Wilson, Inglewood, California Successful 4th time DUI “My husband was looking at more than 7 years in prison. Mr. Kita was able to get my husbands Felony DUI reduced to a misdemeanor and have him placed in a program.” Zulieka L., Norwalk, California Successful 4th time DUI “Thank you for putting me in a program.” Long Beach, California Blood Tests When a client submits to a chemical test by way of blood testing, our attorneys immediately submit a court order to have the blood retested. The blood vials used by the police department are supposed to have an adequate preservative in each vial to prevent fermentation. When fermentation occurs, one could get a higher blood alcohol level that the true value. Therefore, someone with a .07 blood alcohol value could actually show up perhaps with a .15 or greater if there is fermentation on the blood testing. We use the best experts to retest your blood and the samples are done at state of the art laboratories that comply with title 17 regulations. Many of our blood alcohol consultants that we use have worked at the Los Angeles County Sheriffs Crime Lab and the Orange County Sheriffs Crime Lab. They are very credible with the jury. Breath Machine Tests What most people don’t realize is that the machines used by the police are often not operated correctly and are not administered correctly. We review the maintenance and accuracy logs of the machines. We check to see if the officer is certified under title 17 of the code of regulations to administer the tests. Our Dui defense lawyers will check to see if the breathalizer machines were properly working at the time of your arrest. Our DUI Lawyers of Southern California most recent victories include the following results: .27 BAC second time DUI Dismissed .15 BAC third time DUI Dismissed .15, BAC first time DUI Dismissed .15 BAC first time DUI Dismissed .17 BAC first time DUI Not guilty .12 BAC second time DUI Not guilty .08 BAC second time DUI Dismissed .10 BAC first time DUI Not guilty .09 BAC first time DUI Not guilty .11 BAC second time DUI Not guilty .07 BAC first time DUI Dismissed .05 BAC first time DUI Dismissed .26 BAC first time DUI, Dismissed .08 BAC 7th time DUI felony—No Jail .10 BAC Felony DUI Dismissed DUI refusal Dismissed DUI refusal Dismissed DUI refusal Dismissed DUI refusal Dismissed DUI refusal Dismissed DUI refusal Dismissed DUI refusal Dismissed DUI refusal Hung Jury DUI drugs Dismissed