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Driving Under Influence: CA Vehicle Code 23152

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Our Law Firm Has Been Featured on All of the Above Media Outlets
Our Law Firm Has Been Featured on All of the Above Media Outlets
Our Law Firm Has Been Featured on All of the Above Media Outlets
Our Law Firm Has Been Featured on All of the Above Media Outlets
Our Law Firm Has Been Featured on All of the Above Media Outlets
Our Law Firm Has Been Featured on All of the Above Media Outlets

Our Law Firm Has Been Featured on All of the Above Media Outlets

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Los Angeles DUI/DWI Defense Lawyers

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Experienced Attorneys Representing Individuals Facing DUI/DWI Charges in Los Angeles California

Drunk driving is a serious problem in the State of California and can lead to motor vehicle accidents and deaths. As a result, DUI is punished very harshly under the California Penal Code. California Penal Code 23152(a) VC Driving Under the Influence (DUI): 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs. 23152(b) It is a misdemeanor to drive with . 08% or more of alcohol in your blood. In addition to fines and jail time following a DUI conviction, you may face an administrative driver’s license suspension by the California Department of Motor Vehicles (DMV). There are also special considerations with DUI refusal cases, which arise when a driver refuses to take a breathalyzer test.

 

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    The Potential Penalties of a DUI conviction

    The penalties of a DUID conviction are the same as those in a DUI alcohol case. The first offense will probably be charged as a misdemeanor, but the penalties will increase in severity for multiple convictions and according to whether or not you caused an accident resulting in injury. Here’s a summary of the potential penalties you may face if charged with DUID:

    Offense Jail Fine Driver’s License
    1st offense – misdemeanor Up to 6 months in county jail Up to $1,000 Revoked for 6-10 months, but driver is eligible for a restricted license
    2nd offense – misdemeanor Up to 1 year in county jail Up to $1,000 Revoked for two years; driver is eligible for a restricted license after 12 months
    3rd offense – misdemeanor Minimum 120 days up to 1 year in county jail Up to $1,000 Revoked for three years; driver is eligible for a restricted license after 18 months
    DUI with injury – misdemeanor Minimum 5 days to 1 year in county jail Up to $5,000 plus restitution to injured parties 1 to 3 years
    DUI with injury – felony 16 months to 16 years in state prison $1000-$5000, plus restitution to injured parties Five years
    Felony DUI (charged when you have 4 or more DUI convictions within a ten year period) 16 months, two years, or 3 years in state prison Up to $1,000 Four years

    If you are facing DUI or DWI charges in the State of California, you should have an experienced criminal defense lawyer by your side advocating for your rights. At the Law Offices of David S. Chesley, our Los Angeles DUI Lawyers legal team has years of experience representing individuals charged with drunk driving offenses. Our experienced Los Angeles DUI defense attorneys can represent you in court and may be able to negotiate a favorable plea deal – such as for a “wet reckless” – on your behalf.

    The Basics of California DUI’s

    In the State of California, it is against the law for anyone to operate a motor vehicle under the following circumstances:

    • 0.08 percent or more blood alcohol concentration (BAC) if you are an adult who is 21 years of age or older who is operating a passenger vehicle in the State
    • 0.04 percent or more BAC if you hold a commercial driver’s license and you are operating a commercial vehicle, such as a tractor-trailer or other large truck
    • 0.01 percent or higher BAC if you are under the age of twenty-one

    A DUI conviction in the State of California can result in serious penalties that may affect both your personal and work life, as well as your ability to drive. Potential penalties for a California DUI conviction include:

    • Monetary fines
    • Criminal license suspensions
    • Jail time
    • Community Service
    • Completion of a driver improvement program (i.e., DUI school)
    • Mandatory installation of an ignition interlock device (IID) on your motor vehicle
    • Administrative license suspension

    A good criminal defense lawyer on your side during a DUI trial or sentencing hearing can make all the difference. The Los Angeles DUI defense lawyers at The Law Offices of David S. Chesley can advocate for a reduced penalty on your behalf and help to minimize the most serious consequences associated with a criminal DUI conviction.

    Los Angeles DUI/DWI lawyer, please call us today at 800-880-6374, or contact us online.

    DUI Alcohol

    DUI Alcohol

    According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol. Learn More
    DUI Marijuana

    DUI Marijuana

    As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases. Learn More
    DUI Drugs

    DUI Drugs

    The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely. Learn More
    Hit and Run

    Hit & Run

    A hit and run case is when the driver after hitting another car(s) or damaging the property did not stop and left the scene without notifying other drive or property owner and law enforcement. Learn More
    Drunk in public

    Drunk in Public

    You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum. Learn More
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    Driving Without a License

    The situation and circumstances of your charges play an important role in determining the conviction and penalty. Learn More

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    Recent Results

    • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
    • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
    • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
    • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
    • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
    • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
    • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
    • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

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