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Costa Mesa DUI Lawyer

What is a DUI?

In California, DUI is governed under the Vehicle Code Section 23152 (a) and (b);   

(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.


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.


As an Costa Mesa DUI lawyer, I go out of my way to insure you are protected in court and with DMV.  However, you only have 10 days to report to DMV your arrest for DUI and to request a DMV hearing in order to protect your driving privileges.  You must call us immediately after your release in order to give us a chance to help request your DMV administrative hearing before the 10-day deadline.  


Should the DMV rule against you despite our efforts during the DMV administrative hearing, we will help guide you with obtaining your restricted driver's license. A restricted driver's license is easier to obtain if it's your first offense and you have a legitimate reason for being able to drive in limited situations such as; to and from work, to and from child's school and to and from necessary medical appointments. There maybe other legitimate causes and we can help assess if they would be applicable to you.  



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