Drunk Driving / DUI

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If you have been arrested for driving under the influence of alcohol and/or drugs (DUI), you could face a variety of serious penalties, including jail time, fines, and the suspension or revocation of your driver’s license. The severity of these penalties can depend on a variety of factors. In addition, the department of motor vehicles (DMV) will seek to suspend or revoke your driver’s license irrespective of the result in criminal court. Some of these rights are time sensitive and require setting a hearing within ten (10) days of your arrest. Derek Ewin has literally handled hundreds of these types of cases. He can help you navigate through the courts and DMV so that you receive the best possible outcome.

WE NEED TO SET A DMV LICENSE SUSPENSION HEARING WITHIN 10 DAYS OF YOUR ARREST
The DMV wants to suspend your driver’s license based on the arrest alone. If you do not set this hearing, your license will be automatically suspended 30 days after your arrest. If we set a hearing, you will be able to legally drive until the outcome of that hearing, which usually takes place more than 30 days from the arrest. Don’t wait. The DMV will not give you a break if you fail to sign up within 10 days. Mr. Ewin will handle both the request for the hearing and the actual hearing as part of your representation.

THINGS THAT CAN IMPACT THE CHARGES AND OUTCOME OF YOUR DUI CASE

• If you have any prior convictions for DUI within 10 years, or even older
• If you were in a traffic accident
• If someone was injured as a result of you driving under the influence
• You blood alcohol level
• The presence of controlled substances in your system
• Whether or not you refused a chemical test
• If you had someone under the age of 14 in your car
• If you were speeding excessively or driving recklessly
• If you have other criminal convictions on your record
• If you are under 21 years old
• Your attorney

(Vehicle Code 23152, 23153, 14601 etc.)
Driving Under Influence of Alcohol or Drugs – Law 23152.

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

• Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
• Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
• Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.

Driving When Privilege Suspended or Revoked for Driving Under the Influence, With Excessive Blood Alcohol, or When Addicted
14601.2.

(a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.

(b) Except in full compliance with the restriction, no person shall drive a motor vehicle at any time when that person’s driving privilege is restricted, if the person so driving has knowledge of the restriction.

(c) Knowledge of suspension or revocation of the driving privilege shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. Knowledge of restriction of the driving privilege shall be presumed if notice has been given by the court to the person. The presumption established by this subdivision is a presumption affecting the burden of proof.

(d) A person convicted of a violation of this section shall be punished as follows:

(1) Upon a first conviction, by imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), unless the person has been designated an habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph (3) of subdivision (e) of Section 14601.3.

(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5, by imprisonment in the county jail for not less than 30 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000), unless the person has been designated an habitual traffic offender under subdivision (b) of Section 23546, subdivision (b) of Section 23550, or subdivision (d) of Section 23550.5, in which case the person, in addition, shall be sentenced as provided in paragraph.

(3) of subdivision (e) of Section 14601.3.

(e) If a person is convicted of a first offense under this section and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(f) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 30 days.

(g) If a person is convicted of a second or subsequent offense that results in a conviction of this section within seven years, but over five years, of a prior offense that resulted in a conviction of a violation of this section or Section 14601, 14601.1, or 14601.5 and is granted probation, the court shall impose as a condition of probation that the person be confined in the county jail for at least 10 days.

(h) Pursuant to Section 23575, the court shall require a person convicted of a violation of this section to install a certified ignition interlock device on a vehicle the person owns or operates. Upon receipt of the abstract of a conviction under this section, the department shall not reinstate the privilege to operate a motor vehicle until the department receives proof of either the “Verification of Installation” form as described in paragraph (2) of subdivision (g) of Section 13386 or the Judicial Council Form I.D. 100.

(i) Nothing in this section prohibits a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision

(c) of Section 12500.

(j) This section also applies to the operation of an off-highway motor vehicle on those lands that the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

• Added Sec. 16.5, Ch. 908, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
• Amended Sec. 22, Ch. 279, Stats. 2005. Effective January 1, 2006.
• Amended Sec. 3, Ch. 835, Stats. 2006. Effective January 1, 2007.