Driving Under the Influence - DUI California Vehicle Code 23152 VC


Driving Under the Influence - DUI

The attorneys at the Law Offices of Jeff Voll are uniquely equipped to handle your Los Angeles DUI case. With extensive experience prosecuting driving offense and DUI cases, we have the knowledge and expertise to defend you in a DUI case. We are among the most elite attorneys in our field and have the skills needed to protect your rights in court. No matter what the particulars of your case are, our expert attorneys can help.

DUI is a serious charge that carries the potential for very severe prosecution. While it is usually charged as a misdemeanor offense, some states charge DUI as a felony if someone was injured as a result of being hit by the drunken driver. California is one of these states. A reckless homicide charge can follow if the victim dies. At the Law Offices of Jeff Voll, we take DUI charges as seriously as Los Angeles prosecutors do. These prosecutors are willing to encourage sentencing to the fullest extent of the law, which means that you need a highly skilled attorney to defend your case effectively. Your attorney should not only have substantial expertise in the field, but they should also have full understanding of the scientific aspects associated with a DUI case. When it comes to winning your case, this could make a world of difference.

When you're charged with DUI, you are subjected to blood alcohol testing, field sobriety testing, and breath testing. As attorneys, it is our duty to cross examine police officers in charge of administering these tests and to have a deep, working knowledge of the science behind each of these tests. Attorney Jeff Voll provides rare expertise in this area. As a prosecutor, Jeff taught police officers exactly what to say when testifying at DUI trials and hearings. Because of this experience, he knows just what to ask police officers regarding their application of these tests in your DUI case. Jeff's skills in this area could provide the edge you need to get the fairest DUI hearing or trial possible.

If you or a loved one is facing a DUI charge, it is important to learn as much as you can about DUI laws in California as you can before going to court. The Law Offices of Jeff Voll provide the following information to help you make sense of California's complex and often confusing laws concerning DUI.

Overview Of DUI

The law that deals with DUI in California comes with two parts. The set of laws are the Vehicle Code Section 23152, and it is separated into parts A and b. The first part, Part A, states that driving drunk is against the law no matter what your blood alcohol level is. The second part, Part B, deals with blood alcohol levels, stating that it is illegal to drive with a blood alcohol concentration of 0.08% or greater. This two part section means that, under normal circumstances, people charged with DUIs will be charged with, not one, but two separate misdemeanors. They are:

1.) violating Vehicle Code Section 23152 (a) by driving while intoxicated from alcohol or drugs and

2.) violating Vehicle Code Section 23152 (b) by having a blood alcohol level of 0.08% or higher.

If you are arrested for DUI, you have the right to refuse to take a chemical test. In the event that you choose not to submit to a blood test or breathalyzer test, you can only be charged with the first misdemeanor, driving while intoxicated. However, be advised that the prosecution will add a special enhancement to your charge. This means that, when you are pleading your case, they can specifically allege that you refused to submit to a chemical test. Once this allegation is presented, it can have serious long-term consequences for you. These consequences include, but are not limited to, having a negative impact on your driver's license. You a can face a licenses suspension of 12 months and you will be ineligible for a restricted license if you do not win your DMV hearing.

DMV Hearing

At the time of your arrest, the arresting officer is legally obligated to notify the DMV that your license has been revoked or suspended. They must also send the DMV a copy of your license once they have confiscated it. You can request a DMV hearing within 10 days of your arrest to contest the revocation or suspension of your license. If you submitted to a chemical test, the DMV hearing (which is also known as an administrative per se hearing) will determine whether your blood alcohol concentration was in fact 0.08% or greater. If you did not submit to a chemical test, the purpose of the hearing will be to determine whether or not you did in fact refuse to submit to a chemical test.

If you are convicted of driving while under the influence, the outcome may be severe. You could have your driver's license revoked, be required to pay the court heavy fines or even face jail time. Because so much is at stake, you need a qualified, experienced DUI lawyer on your side. Beside having your driver's license revoked, you are at risk of being put in jail, especially if it is your second or third time being convicted of driving under the influence. Your sentence could last up to three months. Jail is the last place you want to end up after a DUI. The best way to avoid it is to have a respected, skilled Los Angeles attorney plead your case and protect your rights. You will have peace mind, knowing that one of the city's best lawyer's is working on your behalf and that their highest goal is to defend your rights and help you avoid jail time. The Los Angeles DUI attorneys of the Law Offices of Jeff Voll are ready and willing to help you fight your case.

It is important to realize that DUI cases, which in some states are referred to as DWI (driving while intoxicated) cases, can be fought with great success. The key to prevailing in a fightable case is to have the best DUI lawyer available. Fighting and winning your case only becomes a real possibility once you hire the right lawyer. To get the best chance of having your DUI charges reduced or dismissed, consult an attorney from the Law Offices of Jeff Voll. We can provide the DUI defense attorney you need to get your case ruled in your favor.

DUI Involving Drugs

Your DUI case can get even more complicated if prosecutors allege that you were under the influence of drugs at the time of your arrest. Getting behind the wheel after using drugs is not legal in the state of California. You will only be charged with with violating Vehicle Code Section 23152 (a), driving under the influence, if you were allegedly on drugs at the time of your DUI; but note that the consequences are the same as they would be with an alcohol charge if you refused to take a chemical test. Failure to take a blood or urine test gives the prosecution the ability to allege a sentencing enhancement against you.

Sentencing enhancements cause any court-received punishment to be higher. This means more jail time, longer driver's license suspension and steeper fines. As with an alcohol-related offense, you can face a year's worth of driver's license suspension if you lose the DMV hearing. During that time, you will not qualify for a restricted license. DUI charges are very serious, drug-related or not. Your only chance of fighting one is to have a knowledgeable DUI defense lawyer represent your case.

Fighting your Case:

DMV Hearing:

  • Pinpoint failures and oversights in the police report,
  • Request production of accuracy logs and maintenance records belonging to the exact PAS and/or ECIR machine that was used in your examination
  • Come up with strategies and defenses to help you keep your license

Criminal Proceedings:

  •  Identify possible defenses by studying the police reports
  • Request production of "dash cam" video footage taken at the traffic stop, if any
  • Get an independent facility to run tests on blood samples drawn
  • File Pitches Motion for officer misconduct at arrest, Motion to Suppress the evidence against you, and any other relevant, pre-trial motions
  • Get your charges reduced by enacting Plea Negotiations with prosecutors
  • Have the case dismissed if there is not enough evidence
  • Provide effective trial representation, etc. if necessary
  • Have the DUI expunged once your probation ends, as long as your record is free from any probation violations

Let Us Help!

If you want the best chance of fighting your DUI case, you need DUI attorneys who understand the science behind DUI-related tests and know how to find and exploit weaknesses in the prosecution's arguments. The DUI attorneys at the Law Offices of Jeff Voll have an extensive background of experience to draw from and are specially trained in all aspects of DUI law. This training includes high-level knowledge of the National Highway Traffic Safety Administration (NHTSA) guidelines. We have the legal skills you need to get the best possible result in your case. As former DUI prosecutors, we know exactly what to do to give you the winning edge you need. Only a DUI attorney can help; a general attorney will not do. Let the experienced and skilled lawyers at the Law Offices of Jeff Voll help you navigate Los Angeles's tough DUI laws so that your case turns out as well as possible. Contact us by phone at 323-467-6400 to talk to one of our professionals.

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