Have you been arrested for DUI in Santa Barbara County?
Contact us. We can help. Santa Barbara DUI defense lawyer, William C. Makler has more than 25 years of experience working in the State and Federal criminal justice systems and represents clients charged with all variety of DUI/Drunk Driving offenses.
What is a DUI?
Driving Under the Influence (DUI), without causing an injury to another, is usually charged as a misdemeanor where an individual is suspected by the police of having violated one of the following Vehicle Code sections:
23152.
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a 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 a 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 a 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 a 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) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a 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.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
The above sections are by no means an exhaustive list of all of the code sections which prohibit various forms of driving under the influence. Section 23153 of Vehicle Code is the law in California which prohibits DUI causing injuries to persons other than the DUI driver. Even upon a first offense, it can carry much more serious consequences including, but not limited to, one or more felony convictions, drivers license suspensions of at least one year and lengthy incarceration.
A DUI arrest does not mean you are guilty.
Contrary to popular opinion, police officers make mistakes. Moreover, the hyper-technical laws surrounding the regulation of driving under the influence of alcohol (DUI) are rife with ambiguities, if not contradictions. You owe it to yourself to become educated about what to expect and, just as importantly, what to do about it. Much depends on whether you’re actually convicted of drunk driving, as opposed to just arrested. In other words, it ain’t over ‘til it’s over.
Call Santa Barbara DUI defense lawyer, William C. Makler now at (805) 892-4922 for a free, no obligation, consultation. Or, if you prefer it, you may fill in your contact information and a description of what criminal legal problem you may need help with in the contact form to the right and Mr. Makler will get back to you as soon as possible and frequently within a few minutes. Our offices are conveniently located near the Superior Court building.