DRIVING UNDER THE INFLUENCE
EXPOSING THE POLICE FLAWS
DUI law may seem overwhelming if you’ve recently been arrested, but do not despair. You have options. An arrest doesn’t equate to a conviction. Each DUI case involves a unique set of facts and yours is no different. At THE LAW OFFICE OF JOHN F. CHRISTL he understand a conviction can affect you personally and professionally so we do not take your charge lightly.
Each stage presents an opportunity for Mr. Christl to find the legal and factual flaws in the police officers work. These include; valid and lawful stop, prolonged detention, proof of “driving”, objective symptoms of intoxication, field sobriety tests, breath PAS calibration, and refusal to submit to a blood test. Additionally, your results and performance during each of these stages can be critical to identifying weaknesses in the district attorney’s case. Representing yourself may only cause you to overlook these important legal protections. As a former Orange County Senior Deputy District Attorney Mr. Christl has handled hundreds of DUI’s and is ready to help you build a plan for your case.
CALIFORNIA DUI LAW
DUI’s can be charged with alcohol, prescription drugs, illegal drugs, or marijuana. DUI law prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system and/or driving while “impaired” with alcohol or drugs. The State of California also has strict DUI laws for drivers both under the age of 21 and repeat offenders (.01%) and a “no tolerance” law for drivers under the age of 18. A refusal to take a chemical test in California will subject you to a fine and a license suspension. If you have a prior conviction for a DUI and it is within 10 years of your current offense it will be counted as a second time DUI. A fourth DUI’s within a 10 year period is considered a felony offense.
ADMINISTRATIVE DMV HEARING
An arrested for DUI will cause the DMV to restrict or suspend your license. You are entitled to a DMV or Administrative hearing to contest the suspension. This hearing is separate from your court case. Mr. Christl will also handle your DMV hearing and argue against the suspension.
Vehicle Code Section 23152(a): Driving under the influence of alcohol. *(Four or more DUI conviction within 10 years may result in the filing of a felony charge.)
Vehicle Code Section 23152(b): Driving with a blood alcohol level of .08 or more. *
Vehicle Code Section 23153(a)(b): Driving under the influence causing serious bodily injury.
Vehicle Code Section 23152(e): Driving while under the influence of drugs. *
HIT AND RUN
Vehicle Code Section 20001: Driver involved in an accident resulting in injury to a person, other than himself, shall immediately stop the vehicle at the scene of the accident.
Vehicle Code Section 20002: Driver involved in an accident resulting in damage to property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic, locate and notify the owner with their name and address.
Vehicle Code Section 14601.1(a): No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason.
Vehicle Code Section 14601.2(a): A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of VC 23152 or VC 23153 if that person so driving has knowledge of the suspension or revocation.
Vehicle Code Section 192(c)(1): Driving a motor vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence, or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.