A Driving Under the Influence case can be complicated as there are typically two simultaneous hearings, one administrative hearing with the DMV and a separate criminal case. There are also many requirements that a person has to comply with, making the process even more complicated. Often times an individual is required to serve jail time, pay a high fine, and install an ignition interlock devise.
It is important to remember that once an individual is cited for a DUI charge, they are given a thirty-day temporary license to use. At the end of that time their license will remain suspended, pending their DUI case for up to six months. If a person wants to contest the suspension, they are entitled to have a DMV hearing on the issue, but they MUST request the administrative hearing with the DMV within 10 days of receiving their citation, or else they forfeit their right to have one.
Vehicle Code Section 23152 (http://www.dmv.ca.gov/pubs/vctop/d11/vc23152.htm) makes it a crime to drive under the influence of alcohol or drugs. Subsection (a) makes it unlawful for anyone to drive, while under the influence of alcohol, drugs or both.
Under subsection (b) it is unlawful for any person, who has a 0.08% or more, by weight of alcohol in his/ her blood to drive a motor vehicle. This count of the statute is easier to prove because if an individual’s blood alcohol concentration is 0.08% or higher, they are considered “legally drunk”. The person does not need to exhibit any signs of being under the influence to be charged with this subsection of the statute and can receive a DUI conviction.
At Crimmigration we can help make the process easier for you by. Having worked on more than a hundred DUI cases we can help you reach the best possible solution, whether it be resolving the case, or to taking the case to trial.