We represent a lot of good people who get arrested for Driving Under the Influence (DUI). Unlike many other offenses that require some type of serious criminal intent, most of our clients had the best of intentions and just mistakenly got in the car when they had too much to drink. Defending a DUI requires knowledge of the system, the science, and the potential defenses involved. We can often find problems with the process, but even when law enforcement does everything correctly, Ridley Defense guides clients through the maze of DMV and court procedures to minimize the damage and get our clients through to the other side.
Driving Under the Influence (DUI) is one of the most commonly charged offenses in Southern California. Because of the high rate of alcohol-related traffic collisions, the State of California is cracking down on drunk driving. It is important to know that there is no quick fix when you are facing a DUI. Drunk driving is a serious offense that has significant penalties if you are convicted. The most important decision you will make after an arrest for Driving Under the Influence is which defense attorney you hire.
The biggest mistake that most people make is trying to handle the DMV hearing and court case without an attorney. Defending a drunk driving case out of Southern California requires an intricate knowledge of the courts and the California Department of Motor Vehicles. Without the help of an experienced DUI Defense Attorney, you could face additional penalties.
At Ridley Defense, we know that drunk driving charges rarely affect just one person. We always focus on putting families back together after a distressing event. Our attorneys will guide you through the criminal court process, administrative hearing, and the necessary steps to take outside of court. If you or a loved one has been charged with a DUI, contact our offices today for a complimentary consultation. It is important to remember that you only have ten (10) days from the date of arrest to request your administrative hearing through the DMV. Failure to contact the DMV can result in the automatic suspension of your driving privileges.
Driving Under the Influence is codified into law as violation of Vehicle Code 23152. Subsection (a) and (b) of this Vehicle Code apply specifically to alcohol and are stated as follows:
Vehicle Code Section 23152(a) states: “It is unlawful for a person to drive under the influence of any alcoholic beverage to drive a vehicle.”
Vehicle Code Section 23152(b) states: “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
Under V.C. 23152(a), a person may be charged with a DUI even if they have a blood alcohol level under 0.08 percent.
Penalties for Violation of VC 23152 (a) or (b)
If you are convicted of driving under the influence in California, you could face up to six (6) months in jail on a first offense and a fine of $390 to $1000 plus penalty assessments. Depending on the circumstances of the case, you may also be required to:
If you are convicted of a second or subsequent DUI charge, you could face up to one (1) year in jail. In California, a Fourth (4th) or subsequent DUI within ten (10) years can be charged as a felony and may result in a prison sentence.
In January 2019, a new law went into effect, allowing individuals whose license was suspended for driving under the influence immediate eligibility of a restricted license with the installation of an ignition interlock device (IID). Senate Bill 1046 extended the IID Pilot Program in effect from July 1, 2010, to July 1, 2017, for the counties of Alameda, Los Angeles, Sacramento, and Tulare.
An Ignition Interlock Device is a small breathalyzer that is wired to the ignition on your vehicle. To start your car, you must provide a breath sample. If the device detects a measurable amount of alcohol, your engine will not start. In addition, you are required to provide periodic breath samples while you operate the vehicle.
Driving under the influence can happen to just about anyone. It is usually not seasoned criminals that end up facing drunk driving charges. Many DUI offenders are professionals with good standing in their community. At Ridley Defense, we know that getting your life back to normal is essential. We are experienced attorneys, well-respected in the courthouses who fight hard for our clients protecting their rights and preserving their freedoms. Our firm prides itself on the relationships we have with opposing counsel, with law enforcement and with every client that comes in our door.