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. 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.
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.
Being arrested for DUI of alcohol or drugs is a very grave matter that requires urgent handling if you are to preserve your driving privilege.
When arrested for DUI in California, your license is automatically suspended. However, you will receive a pink “Suspension Order and Temporary License” which allows you temporary driving privileges for 30 days.
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.
So you’ve been arrested for DUI/Driving under the influence. What happens now, and how does the system work? Below is an overview of what to expect.
What chance do I have to win? I’m underage, was drinking, then was driving and now I’ve been arrested. This is a common question which so many underage drivers have.
If you are facing a DUI charge but have been previously convicted, you are subject to much harsher penalties than for a first time offender. It is vital to retain the services of an experienced Santa Barbara DUI attorney
DUI WITH INJURIES
If you have been arrested for DUI, driving under the influence, and injured someone in the process, you are facing felony charges and much more serious penalties.
A misdemeanor DUI is normally considered to occur when it is a first, second, or third offense within a certain time frame (typically ten years). The penalties for a misdemeanor DUI are less severe
A felony DUI is a very severe charge and can be extremely devastating to one’s life and family. Because of the seriousness of the charge it is imperative that you seek out a knowledgeable
Vehicular manslaughter occurs when a person was driving under the influence and as a result causes the death of another.
BREATH & BLOOD TESTS
There are so many complexities to a DUI charge, from the various tests that a police officer will try to administer, to the possible arrest itself.
FIELD SOBRIETY TESTS
A police officer has the right to pull someone over if he suspects intoxication. Once this is done, the officer will attempt to determine whether the person is actually DUI by field sobriety tests.