If you've been arrested for DUI, you only have 10 days to schedule a DMV hearing. Contact me now to save your license.
If you've been arrested for DUI, it is likely that you will ultimately be charged with two separate misdemeanor offenses:
(1) Driving under the influence of alcohol and/or drugs pursuant to California Vehicle Code 23152(a); and
(2) Driving with a blood alcohol content of 0.08% or greater pursuant to California Vehicle Code 23152(b).
To be convicted of DUI, a prosecutor must prove that you:
(1) Drove a motor vehicle; and
(2) Were under the influence of alcohol and/or drugs at the time you drove.
With respect to the VC 23152(a) charge, a prosecutor's case will typically hinge on the introduction of evidence indicative of objective signs of intoxication through the arresting officer's testimony. Such evidence typically consists of testimony that a defendant was driving and had:
(1) red/glazed eyes;
(2) slurred speech;
(4) smelled of alcohol;
(5) admitted to drinking; and
(6) performed poorly on field sobriety tests, among other things.
With respect to the VC 23152(b) charge, a prosecutor's case will largely depend on the results of the blood or breath test administered by the arresting officer(s) at the time of the incident. If a blood or breath test reveals that the blood alcohol concentration of the driver is equal to or higher than .08%, the prosecutor will rely heavily on the results of that test to prove their case.
If you or a loved one have been charged with driving under the influence (DUI) in Temecula, Murrieta, Wildomar, Menifee, Lake Elsinore, Hemet, Banning, Corona or
Riverside, you need the assistance of an experienced criminal defense attorney. Call me or use the contact form below to schedule a free consultation now.