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 0.05% or more.  (Vehicle Code section 23140)

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, LLP 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. 

• Daniel Barton is a specialist member of the California DUI Lawyers Association and a member of the National College for DUI defense.
• Michael Armstrong has been representing individuals in driving under the influence and DMV matters for over 25 years.
• Nicole Ryan’s practice focuses on DUI and DMV litigation.