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David S. Chesley
Sacramento DUI Defense Attorneys
Law Office of David Chesley
Drunk driving is a serious problem, and we all want safer streets for families and our communities. That said, people make mistakes from time to time. Maybe you shouldn’t have had that last drink before leaving the party, or maybe you were called away earlier than expected due to an emergency. In some cases, overzealous policing results in false accusations of drunk driving.
This can occur when police forget that drunk driving is against the law and that responsible adults are allowed to have a glass or two of wine or beer with dinner before driving home. Still, in others, the police mistake issues related to a medical condition as signs of intoxication, resulting in unfounded criminal charges. Whatever the reason you were arrested, these charges are very serious and can cause serious problems in your life – fines, possible jail time, as well as damage to your reputation and even loss of employment. Don’t let a simple mistake or lapse in judgment derail your life.
With over 50 years of courtroom experience, the Los Angeles criminal defense lawyers at The Law Offices of David S. Chesley are here to help. If you would like a free consultation about your DUI case, call us at 800-755-5174 or send us an email via our online contact form.
California DUI Law Basics
We all know that drunk driving is against the law. Unfortunately for those facing drunk driving charges, the law is actually
somewhat complicated. There is the “subjective” standard found in California Vehicle Code Section 23152(a), which prohibits
any person from driving a vehicle while under the influence of alcohol. Section 23152(b),(d) and (e) prohibit driving a vehicle
with a specific blood alcohol content (BAC):
It prohibits driving any person from driving any vehicle with a BAC of 0.08 or greater.
It prohibits any person from driving a commercial vehicle or driving a private vehicle with a paying passenger
(e.g. Uber or Lyft) with a BAC of 0.04 or greater.
Regardless of the code section under which you are charged, you are facing serious legal penalties. For this reason, if you’ve
been arrested for DUI in any capacity, you should contact a Los Angeles criminal defense lawyer as soon as you can.
What’s the Difference?
Under the subjective standard of 23152(a), the prosecution does not need to prove that you had a specific BAC in order for you
to be convicted – they just need to prove that you under the influence. In order to prove that you were under the influence, the
prosecution will rely on the testimony of the arresting officer. The officer will likely first testify to the behavior that led
him or her to pull you over, such as:
Driving
Weaving or otherwise
driving erratically;
Traffic Laws.
Violation of various
traffic laws.
Aggravating
Factors
In determining the penalties laid out above, there are certain aggravating factors that will affect the penalties imposed if you are convicted. Here are some of the most common aggravating factors:
- You were driving at an excessive speed;
- You were under the age of 21;
- You had a child under the age of 14 in the car;
- You caused an accident;
- You refused the breathalyzer test;
- You had a BAC of .15% or higher.
Defending Against
DUI Charges
An experienced DUI attorney in California can evaluate your case, spot the prosecution’s weaknesses, and get you a result that’s fair. Your Los Angeles criminal defense attorney may be able to raise legal defenses, potentially including the following:
- The breathalyzer or other testing equipment was not properly calibrated or otherwise functioning correctly.
- There were other factors that caused you to appear to be under the influence of alcohol, such as fatigue, prescription medications, or illness.
- The police didn’t administer the tests correctly, or the tests are inherently flawed.
