In California, Driving under the Influence (DUI) is a criminal offense that an average, law-abiding citizen may easily face. In many instances, DUI charges are the most serious offenses the average person will face in their lifetime. But, it is possible you were not trying to do anything wrong, and may have been entirely sober or had a blood alcohol content (BAC) that was below the legal limit.
If you find yourself in a situation where you have been arrested for DUI and are facing serious criminal charges, Ryan Lamb is here to help. Even if your BAC was above the legal limit, there are still potential defenses or legal issues that he can raise in your defense. For instance, the police may not have had a lawful basis to stop/detain you, which can be challenged based on your Fourth Amendment Right to be free from unlawful search and/or seizure by the government. If there was not a lawful basis, your case could be dismissed. Additionally, if you were above the legal limit, other potential defenses exist: When did you have your last drink? When did you last eat? Do you have other physical or mental disabilities that might have affected your performance on field sobriety tests (FSTs)?
Important DUI Information
If you have been arrested for Drunk Driving, you must request a D.M.V. hearing within 10 days of your arrest. If you do not request a D.M.V. hearing within 10 days of your arrest, your license will be automatically suspended or revoked.
- 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
- 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
In most cases, you will be charged with a violation of both 23152(a) and (b). California law states that a defendant charged with drinking and driving can be convicted of BOTH offenses, however, he or she can only be punished for one. Under some circumstances a DUI can be charged as a FELONY, where a serious injury results from the drunk driving, or whether you have three or more prior DUI convictions.
CASE EXAMPLE
Ryan Lamb defended a client at a DUI Jury Trial. The client denied he was the driver at the time of an accident. The police testified that client admitted to being the driver. After a vigorous defense, the jury disagreed and found client NOT GUILTY! *
See some of our other success stories here
* Does not guarantee any result in your particular case