Everyone likes to go out and have a good time, and sometimes that involves having one or two drinks with friends. But there’s a real danger to having too much to drink that it impairs your ability to drive. Driving Under the Influence (DUI) is a serious charge and the State of California offers steep penalties, including prison time. You’ll want to get the best protection if you ever get hit with a DUI.
What Do I Need to Know about a DUI?
The California Department of Motor Vehicles (DMV) has the following statistics for 2007:
- 203,866 people were arrested for DUI
- 75% of those arrests led to convictions for DUI
- 1,489 cases resulted in fatalities
- 30,783 cases resulted in injuries
It’s key that every driver in the State of California understands what the law actually says about drunk driving. The key provisions are California Vehicle Code Section 23152(a), Section 23152(b), and Section 23536(a).
The law says that:
- No one under the influence of alcohol can drive a vehicle
- The legal limit is 0.08 percent of blood alcohol content (BAC)
- The minimum penalty for a DUI is 96 hours in prison and a fine of $390
- The maximum penalty for a DUI is 6 months in prison and a fine of $1,000
Section 23152(b) goes on to add that the blood alcohol content test can be held as a “rebuttable presumption.” This means that the defendant in a DUI case can challenge the test results if they can provide evidence about their physical state on the night of the arrest. Not everyone has the same metabolism, so alcohol can affect them differently and show up differently on a BAC test than it would for a legitimate drunk driver.
Our Strategy for Handling DUI Cases
Every client and their case are different, but David S. Kestenbaum has a proven track record at building a recipe for their successful defense. He’ll bring over 7 years of experience as a criminal prosecutor to evaluate the case against his clients. He’ll also bring qualified experts and resources to each case, like private investigators to go over the evidence and psychiatrists to provide psychological counseling and testimony.
Mr. Kestenbaum will ask questions that can help you in your DUI case. He’ll ask questions like:
- Did the police have probable cause to make the arrest?
- What reason did the police give for pulling you over?
- Were you advised of your rights in a Miranda warning?
- How did they administer the field sobriety and blood tests?
More than anything else, the Kestenbaum Law Group will bring passion to building your defense in a DUI case. We’ll fight to present an alternative to the stiff penalties that prosecutors and judges will usually try to impose. Whether it’s a junior prosecutor or a district attorney, we are ready to put up a fight on our client’s behalf and ensure the best outcome. There’s no reason that the negative experience of a DUI has to end just as poorly.