San Diego DUI Lawyer Defense In California, the DUI laws are written under the California Vehicle Code VC 23152 Alcohol and/or Drugs. The DUI law was codified back in 1935. The law distinguishes between a misdemeanor and felony. According to its definition, a misdemeanor doesn’t imply any injury to person or property. The section 23152 is specific in dealing with drunken misdemeanors. The penalty for such a crime can be up to 6 months in jail.
http://sandiegolawcenter.com/ The law makes driving after drinking or consuming any other substance that influences the senses unlawful. The phrase ‘Under the Influence’ is much debated, especially since it can’t be clearly defined and symptoms vary from person to person. The commonly accepted definition of under the influence refers to any person who is not fully conscious, tends to stumble, loses coordination or reacts slowly. The definition also includes the partial loss of visual sense. The law also quantifies the unlawful limit of alcohol as being .08% of the weight of the person. So, you are unfit to drive if you have consumed more alcohol than .08% of your body weight. A person is required to undergo a chemical test if he or she is arrested under DUI. The results of this chemical test are used as evidence in court. Therefore, the court will consider it as a final proof of your guilt and pass sentence accordingly if you are unable to prove the chemical test results incorrect. There are virtually thousands of DUI cases tried every year handled by San Diego DUI lawyer. There are several attorneys who are specialists in DUI. Apart from chemical tests, several other
factors also influence your trial, such as your previous record and the charges against you. Also, a good attorney can use technical expertise to pick holes in the prosecutionâ€™s case and help you avoid penalties. DUI laws are quite complicated nationwide, especially if you are in California. If you are charged with a DUI offense, a good lawyer is very important to help you in your defense. Good San Diego DUI lawyer can be found specialists in drunk-driving cases. They try only such offenses, and know the courts and the laws well. There is also a National College of DUI Defense where you can search for DUI attorneys. A good DUI lawyer can guarantee you more than just arguments in court. Since DUI laws are complicated, a good attorney can pick holes in the case against you and, with some technical help, he or she can get you out of the charge with a small penalty. DUI statues vary according to the degree of the charge as well as your driving history. If you have a DUI charge within a seven-year period, the court can severely punish you. Apart from this, the reputation of your lawyer as well as the evidence against you can significantly swing the case. If you are found guilty of the charge, the court can fine you about $1,200 and give you a 3-year informal probation. First-time offenders can be let off more easily. First-time offenders also end up attending a First Offender School, the duration of which is dependent on your blood alcohol level. DUI laws also distinguish between drunken driving and recklessness. If the charges are reduced to recklessness, the penalties are much less severe. Another aspect of DUI defense is the DMV hearing. Criminal lawyer San Diego will have to represent you in this separately. The DUI trial and DMV hearings are separate, and you might end up with a suspended license from either trials or both. Again, a good DUI attorney is essential for the DMV hearing as well.