Driving While Under the Influence (DUI) – Abogado DUI (Español)
An arrest for Vehicle Code Section 23152,(a) driving while under the influence of alcohol or (b) driving with a blood alcohol content greater than .08, will trigger two actions: Department of Motor Vehicles (DMV) action, and action by the prosecuting attorney in criminal court.
The California DMV can suspend or revoke your privilege to operate a motor vehicle in California. The DMV can require you to enroll and complete DUI classes upon a conviction. A driving privilege suspension stemming from a DUI arrest can range from four months to one year depending on whether or not a chemical test was voluntarily taken. If you resisted, DMV can suspend your license for one year. If you did not, the suspension will be four months, if you are over 21 of course.
Court Action can have many implications. A court can impose jail, public work service, classes, and a fine. The court can also place you on five years probation.
DUI charges can be more serious when allegations are charged. Jail time is mandatory under the following circumstances:
- Excessive Speed: driving in excess of 30 mph on the freeway and 20 mph on the streets (Vehicle Code Section 23582);
- Driving with a passenger under 14 years of age (Vehicle Code Section 23572);
- Willful refusal of a chemical test (Vehicle Code Section 23577).
Mr. Ham has successfully handled hundreds of DUI cases. Mr. Ham went to trial on a four count criminal complaint. In addition to two counts of d.u.i., the client was charged with resisting arrest and driving without a valid license. Mr. Ham maintained that officer improperly tagged the blood sample and that the sample tested was not Mr. Ham’s client’s. After the jury was picked and the prosecution presented most of its case, Mr. Ham’s defense was substantiated and all four charges were dismissed.
In late 2015, Mr. Ham represented a man in a driving while under the influence case where the client’s blood alcohol concentration was greater than .15. Mr. Ham’s diligent defense found major evidentiary issues that resulted in the dismissal of the d.u.i. charges in exchange for reckless driving.
Contact the Law Offices of Christian M. Ham today to discuss your legal options. Contact us online or call 619-236-1983.