Driving Under the Influence / DUI
The law relating to driving under the influence is extraordinarily complex,
with constantly evolving criminal penalties and administrative consequences.
Expert DUI defense requires attorneys who not only know the Vehicle Code and the
criminal courts, but who also can navigate the Department of Motor Vehicles and
are conversant in the science of blood alcohol testing.
An individual
accused of DUI will likely need representation before the California Department
of Motor Vehicles. (Vehicle Code §§ 13353.2, 13353, 23136) Following an arrest
for DUI, the DMV usually brings an administrative action to suspend a person’s
driving privileges. If a driver does not request a DMV hearing and a stay of the
suspension within 10 days of the date of arrest, the DMV will automatically
suspend the driver’s California driver’s license 30 days after arrest.
A
driver may be charged with a DUI even with a blood alcohol level that is not at
or above 0.08%, the legal limit in California. Vehicle Code section 23152(a)
prohibits driving under the influence of alcohol and/or drugs, regardless of
whether the blood alcohol level was 0.08% or higher. The crucial question is
whether alcohol or drugs adversely affected a person’s ability to drive safely.
A prosecution for a violation of Vehicle Code section 23152(b) is a charge of
driving with a blood alcohol level of 0.08% or more, regardless of whether the
driver was actually impaired. A driver who is under 21 years old can be charged
with an infraction DUI for driving with a blood alcohol level of 0.01% or more.
(Vehicle Code sections 23140 and 23136(a))
If the charge involves an
accident causing injury or death, a DUI charge can be prosecuted as a felony.
(Vehicle Code §§ 23153(a), 23153(b), Penal Code section 191) Felony charges can
also be brought if a driver has three or more prior DUI convictions. (Vehicle
Code section 23550)
Nolan, Armstrong & Barton can provide the highest
quality of representation in driving under the influence cases. When
appropriate, we also assist our clients seeking treatment for problems of
alcoholism and/or drug addiction. We also defend drivers in other Vehicle Code
and DMV related issues, such as moving violations and administrative suspensions
and revocations.
The lawyers at Nolan, Armstrong & Barton have achieved
acquittals of driving under the influence of alcohol charges at jury trial in
numerous cases. DUI trials have been successfully defended based on issues of
whether the vehicle was actually driven, whether the identity of the driver can
be proved, whether the blood alcohol testing methods are sufficiently reliable,
whether the blood alcohol level increased between the time of driving and the
time the chemical test was administered and whether the admittedly intoxicated
driver was legally entitled to drive in order to prevent a more serious harm. We
have also successfully defended at jury trial an individual charged with murder
based on a fatal car collision while driving under the influence of alcohol and
drugs. A multitude of cases have been resolved on favorable terms without
proceeding to jury trial.
- Daniel Barton is a specialist member of the California DUI Lawyers Association
- Michael Armstrong has been representing individuals in driving under the influence and DMV matters for over 30 years.
- Nicole Ryan’s practice focuses on DUI and DMV litigation.