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 and 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:
Vehicle Code Section 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.
First Offense DUI
Facing a first-time DUI in Santa Barbara County can be overwhelming, but you don’t have to go through it alone. With extensive experience in California DUI laws, our firm is committed to protecting your rights and minimizing the impact of a DUI charge on your life. We aggressively challenge evidence, negotiate with prosecutors, and work to avoid harsh penalties like license suspension, heavy fines, or even jail time. Let us fight for your future and help you keep your record clean.
Second and subsequent offense DUI
Multiple DUI offenses in Santa Barbara County carry severe consequences, including mandatory jail time, longer license suspensions, and significantly higher fines. If you’re facing a second or subsequent DUI charge, the stakes are even higher, and the need for an aggressive defense is crucial. Mr. Makler and his team understand the complexities of California’s DUI laws and fight tirelessly to protect your rights, challenge the evidence, and reduce the potential penalties. Don’t let a repeat offense ruin your future—get the strong defense you need.
Under-21 DUI defense
An under-21 DUI charge in Santa Barbara is particularly serious, with California’s zero-tolerance law imposing harsh penalties even for a small amount of alcohol. A conviction can lead to license suspension, fines, and a criminal record that could affect your future opportunities. Our firm is dedicated to defending young drivers, challenging the evidence, and seeking alternatives to harsh penalties. We understand the impact this can have on your life and are committed to helping you navigate the legal process and protect your future.
DUI Lawyers Can Help. Call Now.
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, message us 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.
