DUI - Driving Under the Influence [California Vehicle Code Section 23152(a); 23152(b)]
When you hire our Pasadena DUI Defense attorney, you're getting an experienced attorney who won't just accept the facts as the officer reported. We'll listen to you, develop a defense strategy at your first consultation, and execute that DUI defense strategy throughout your case. You'll understand the keys to your case - and you'll see just how we can win.
What is a DUI?
DUI, or Driving Under the Influence, is generally a Misdemeanor offense, involving a violation of the California Vehicle Code Section 23152(a) and/or 23152(b). Usually a DUI charge involves an illegal amount of alcohol in a person's body at the time they are operating a motor vehicle, but it can also involve the presence of drugs (legal or illegal) in a person's body at the time they are operating a motor vehicle.
What does it mean to be DUI?
23152(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.
What does this mean? This means that, if in the opinion of a police officer, a person is demonstrating the inability to operate a vehicle safely while under the influence of alcohol or drugs, that person may be cited and arrested for the violation of this section - resulting in a Misdemeanor.
Usually the officer will make specific statements about your driving patter (speeding or swerving), and will also mention the smell of alcohol on your breath, bloodshot-watery eyes, as well as slurred speach. These statements are so common in DUI investigation reports, it would actually be surprising to not find them in the police report. However, ask yourself - could my eyes be watery because I was hanging around a bunch of smokers, do I wear contacts causing my eyes to be watery? Is my speach really slurred? Did the officer understand everything I told him/her? If I had one sip of an alcoholic beverage, isn't my breath automatically going to smell like alcohol?
What are FST's (Field Sobriety Tests)
In addition to these objective symptoms of intoxication, the officer will also have you engage in a series of roadside tests, called Field Sobriety Tests (FST's).
Horizontal Gaze Nystagmus (HGN)
Nystagmus refers to the jerking of the eye - when tested, the officer is looking for jerking of the eye at or before a 45 degree angle. If a person is intoxicated, the onset of jerking will occur sooner. If a DUI suspect is intoxicated, following slowly moving objects may be impossible.
Walk and Turn Test
This test involves the DUI suspect taking 9 steps in one direction, turning around, and walking back. The officer should instruct the DUI suspect to keep feet together (heel-to-toe) and walk along a straight line, with hands at sides. The officer is supposed to demonstrate and fully explain this test prior to the suspect beginning. What the officer is looking for is whether the heel-to-toe contact is ever separated, and whether the suspect can maintain their balance. Someone intoxicated may have difficulty performing this test, however, someone with poor balance generally, or someone with physical disabilities will also have difficulty with this test.
Rhomberg Test
Stand with feet together, head tilted back, with eyes closed, while estimating (in your head) the passage of 30-seconds. The officer will instruct, and tell you when to begin. He should not stop you, and you should only respond when you believe 30-seconds has elapsed. Many DUI suspects fail this by either losing their balance, or finishing the 30-seconds time too soon or too late.
Finger to Nose
This test involves the DUI suspect to place hands and arms straight out to the side, and then touch the tip of his finger to his nose three times with each hand. This test also tests balance, coordination and depth perception.
The One Leg Stand Test
This test involves the DUI suspect to stand with feet together, hands at sides, and then raise one leg and count for 30 seconds, while maintaining that position. The officer is looking for the suspect to either begin hopping, put their foot down, swaying, using arms to balance themself, or the suspects inability to perform the test. However, alcohol is not always the reason for someone failing this test - physical inabilities or road conditions may cause someone to perform poorly on this test.
23152(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.
What does this mean? This means that if your breath or blood is tested (within 3 hours of driving) and the result of such test is 0.08 or higher, it is presumed that you have violated this section.
Generally, in any DUI prosecution, if you took a chemical test (breath or blood), and the result of the test is 0.08 or above, you will be charged with both sections. This means there are two charges against, both of which now have to be handled.
What to look for with a breathalyzer test - Is the officer who gave you the test properly certified to conduct the test. Was the machine properly calibrated prior to you taking the breahalyzer/alco-sensor. Did the officer observe you for 15 minutes to confirm you had not bured, belched, vomitted, and or regurgitated your food.
What to look for with a blood test - Who drew the blood (was it a certified phlobotimist?). Was the blood drawn within 3 hours of you driving? Was the blood sample properly sealed and marked for evidence?
Defenses to a DUI
There are many possible defenses to a DUI case. Every defense is subject to the specific facts and circumstances surrounding your case.
One possible defense is whether the officer had a Reasonable Suspicion to stop your vehicle in the first place. Generally, an officer must witness a violation of the law in order to stop you on the road. This can be a violation of the vehicle code, and can even be something as minor as a broken tail-light.
However, if the officer has not seen any violation of law, and there is no other valid reason to stop you, then it may be possible to dismiss the entire case.
Furthermore, if the officer fails to conduct any FST's properly, or their were any mistakes in the chemical tests you took, these may be areas to use for your defense.
Punishment
Punishment for a DUI can be as serious as jail time, and can also include probation, fines, driver's license suspension, community service, as well as mandatory DUI classes.
Beyond the legal process - DUI's can also be very damaging for certain people with certain jobs. Jobs that require driving are very effected by a DUI conviction. Certain jobs like nurses, or any position involving background checks, can also be negatively effected by a DUI conviction.
How to Avoid a DUI conviction
The most important thing you can do to avoid a DUI conviction is to hire an experience criminal defense DUI attorney. The last thing you want to do is do nothing. Many times it can be difficult to tell if you have a good case or not. Don't assume you can't do anything. If a conviction is something you just can't accept, then CALL US NOW! (626) 309-9977! |