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Briefs & Articles

GENERAL INFORMATION ABOUT CALIFORNIA DUI'S

THE OFFENSE

Driving under the influence may result in several charges against you. Unless there is an injury or an excessive number of prior convictions, the charges are a misdemeanor. In particular, two charges of misdemeanor are common.

"It is unlawful for any person who is under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, to drive a vehicle." VC 23152(a)

"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." VC 23152(b)

If you were in an accident, and someone was injured you may charged with a more serious offense, either as a misdemeanor or felony.

"(a) It is unlawful for any person, while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, to drive a vehicle and, when so driving do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and, when so driving, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver." VC 23153

THE COURT SYSTEM

Your misdemeanor DUI charge will be handled entirely in Municipal Court. There are many hearings and procedures available to the prosecution and the defendant. An attorney may assist you in these hearings and procedures. In most cases, an attorney can appear for you without your presence in Court. Among the more common procedures are: "Arraignment" when you are formally charged; "Discovery" where prosecution evidence such as the police report and lab information are obtained; "Retests" where the alleged Blood Alcohol content of your sample is retested; "Pretrial" where your case is "plea bargained."

OTHER INFORMATION

Defenses exist to DUI's. You must be proved guilty beyond a reasonable doubt in order to convict you. You have no public record of a DUI until and unless you are convicted.

NOTICE: This general information sheet is not intended to guide you in the defenses of your particular case or provide legal advice as to your particular case. Each case is different. For legal advice on the particulars of your case, you should consult an attorney. To speak to an experienced attorney please contact Roberts & Elliott, LLP at (408) 275-9800
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