DUI – Driving Under the Influence
The law relating to driving under the influence is extraordinarily complex, with constantly evolving criminal penalties and administrative consequences. Expert DUI defense requires attorneys who not only know the Vehicle Code and the criminal courts, but who can also navigate the Department of Motor Vehicles and understand the science of both breath and blood alcohol testing.
An individual accused of DUI will likely need representation before the California Department of Motor Vehicles. (Vehicle Code sections 13353, 13353.2, 23136.) Following an arrest for DUI, the DMV typically brings an administrative action to suspend a persons driving privileges. If a driver does not request a DMV hearing and a stay of the suspension within ten days of the date of arrest, the DMV will automatically suspend the drivers California drivers license thirty days after the arrest. Many DUI cases benefit from promptly requesting a DMV hearing and having experienced legal representation at that hearing.
After a DUI arrest, drivers may be able to get a restricted license. If you did not refuse to give a chemical sample when you were arrested, you may be able to avoid any license suspension if you install an ignition interlock device in your car. This device requires you to provide an alcohol-free breath sample to operate the vehicle. Even if you miss the ten-day window for requesting an administrative hearing, we may still be able to help you obtain a restricted license.
In criminal court, a driver may be charged with a DUI even when their blood alcohol level is below 0.08%, the legal limit in California. Vehicle Code section 23152(a) prohibits driving under the influence of alcohol regardless of whether the blood alcohol level was 0.08% or higher. The crucial question is whether alcohol adversely affected the persons ability to drive safely. For a violation of Vehicle Code section 23152(b), the question is whether a person was driving with a blood alcohol level of 0.08% or more, regardless of whether the driver was actually impaired.
Other DUI Vehicle Code sections include: Vehicle Code section 23152(d) prohibits driving a commercial vehicle with a blood alcohol level of 0.04% or more.
Vehicle Code section 23152(e) prohibits driving with a passenger for hire in the car (e.g., Lyft, Uber) with a blood alcohol level of 0.04% or more.
Vehicle Code section 23152(f) prohibits driving under the influence of drugs, even legally prescribed drugs, when the drugs substantially impair a persons ability to drive safely.
Vehicle Code section 23152(f) prohibits driving under the influence of drugs, even legally prescribed drugs, when the drugs substantially impair a persons ability to drive safely.
A driver who is under twenty-one years old can be charged with an infraction DUI for driving with a blood alcohol level of 0.01% or more under one law or a blood alcohol level of 0.05% or more under another law. (Vehicle Code sections 23136(a), 23140(a).)
Vehicle Code section 23152(g) prohibits driving under the combined influence of alcohol and drugs when the driver is too impaired to drive safely.
Vehicle Code section 23152(c) criminalizes driving while addicted to drugs.
The consequences for driving under the influence increase if you are convicted of more than one DUI within ten years. Felony charges can be brought if a driver has three or more prior DUI convictions within ten years. (Vehicle Code section 23550.) If the incident involves an accident that causes injury or death to someone other than the driver, even a first offense DUI charge can be prosecuted as a felony. (Vehicle Code section 23153; Penal Code section 191.5.) Finally, if a child is in the vehicle at the time of the alleged DUI, the driver can be charged with child endangerment. (Penal Code section 273a.)
Nolan Barton Olmos & Luciano can provide the highest quality of representation in driving under the influence cases. When appropriate, we assist our clients in seeking treatment for problems of alcoholism and/or drug addiction. We also defend drivers in other Vehicle Code and DMV- related issues, such as moving violations and administrative suspensions and revocations.
The lawyers at Nolan Barton Olmos & Luciano have achieved acquittals of driving under the influence charges at jury trial in numerous cases. DUI charges have been successfully defended based on issues of whether the vehicle was actually driven, whether the identity of the driver could be proved, whether the blood alcohol testing methods were sufficiently reliable, whether the blood alcohol level increased between the time of driving and the time the chemical test was administered, and whether the admittedly intoxicated driver was legally entitled to drive in order to prevent a more serious harm. We have successfully litigated motions to suppress evidence on the grounds that our clients were illegally detained or unlawfully arrested, improperly advised of their rights, or subjected to unreasonable testing procedures. These motions have resulted in DUI cases being dismissed. We have also successfully defended at jury trial an individual charged with murder based on a fatal car collision while driving under the influence of alcohol and drugs. A multitude of cases have been resolved on favorable terms without proceeding to jury trial. Dan Barton is a member of the California DUI Lawyers Association and has been skillfully and creatively representing individuals charged with driving under the influence for over thirty-five years.
The lawyers at Nolan Barton Olmos & Luciano have achieved acquittals of driving under the influence charges at jury trial in numerous cases.