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Drunk Driving
/ DUI
Under California Vehicle Code Section 23152(a)
(Often times referred to as DUI or DWI) : A
person who operates a motor vehicle while he/she
is under the influence of alcohol and/or drugs.
(This does not mean that you have to be
intoxicated or high, just impaired!!)
If law enforcement believes and/or
determines that a person is
operating any vehicle (even a bicycle) while
under the influence of alcohol and/or drugs,
he/she can be arrested for DUI. The legal limit
of a person's blood level in California is
currently .08% for a person over the age of 21.
If you are under the age of 21, the legal limit
of your blood alcohol level can be no higher
than .00%. In other words, if you are under 21,
you can be arrested for DUI if you have
any detectable blood alcohol.
Driving under the influence is a very common
offense. This offense can be charged as either a
felony or misdemeanor, depending upon your prior
record or if the police or District Attorney
allege that there were serious injuries involved
during the commission of the offense. (Even if
you were the only one injured.)
You will almost always see that there is a
second charge of CVC 23152(b) being alleged.
This is the charge for operating a motor vehicle
with a blood alcohol level above .08%. While it
seems redundant, they are actually two separate
charges. One for driving while under the
influence and the second for being over the
legal limit.
ALSO, YOU ONLY HAVE 10 DAYS AFTER YOUR ARREST
TO REQUEST A DMV HEARING TO CONTEST THE
ADMINISTRATIVE PROCESS OF SUSPENDING YOUR
LICENSE !!! This is NOT the same as the criminal
process and will be lost if not specifically
requested with the California Department of
Motor Vehicles within the first ten days
following your arrest.
Don't Delay!
Things to
Consider
Please remember, the charges against you are
serious and can carry severe consequences which
could be damaging to your present and your
future. The Law Offices of Glenn R. Wilson will
provide you with experienced and aggressive
representation to deal with the severity of your
matter. Call our office immediately so we can
have an experienced Attorney on your case
(888)-532-LAWS (5297).
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