Los Angeles DUI Lawyers
If you have been charged with a DUI in California, you must act quickly. You have ten days to schedule a DMV hearing to prevent your driver’s license from being suspended for a minimum of four months. The livelihood of most Californians is dependent upon their ability to drive. Contact us today and we will handle your DMV hearing so you can continue to drive while your case is pending. Learn more about the DMV hearing for a DUI.
A DUI traffic stop can be a very intimidating situation. Most people do not fully understand their rights. It is essential that you know what you can and cannot legally do when you are stopped for a DUI. In many cases, the specific circumstances of the traffic stop can make or break the case. Learn more about what your rights during a DUI traffic stop.
California Vehicle Code Section 23152(a) prohibits any person to drive a motor vehicle while under the influence of any alcoholic beverage and/or drug. California Vehicle Code Section 23152(b) prohibits any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle. Furthermore, in cases of commercial motor vehicles, California Vehicle Code Section 23152(d) prohibits any person who has 0.04 percent of more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
- A. Driving – Driving requires “volitional movement of a vehicle”. Driving can also be established by circumstantial evidence (surrounding circumstances). California is not subject to a so-called “care and control” statute and, therefore, mere control of a vehicle is not sufficient to establish the element of driving.
- B. Under the Influence – A person is under the influence of an alcoholic beverage and/or drugs when, as a result of such drinking of an alcoholic beverage and/or using a drug, his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.
The Law Offices of Simon M. Aval has over 15 years of experience representing people charged with a DUI. Mr. Aval is also a criminal law specialist in Los Angeles. Whether this is your first or repeat offense, we can help you reach the best possible outcome for your case. Our firm will help you through the whole process from the DMV hearing to the trial if necessary. Call us today at 800- 209-9809 or fill out our contact form for a FREE DUI consultation.