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Serious DUI Cases Merit Strict Punishment in California

According to the California Penal Code, it is against the law for any person who is under the influence of any alcohol or drug, to drive a car, a motorcycle or any other vehicle.

The law is very specific as to what constitutes being under the influence of alcohol or a drug - saying it is illegal for anyone who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive.

The law is also pretty clear as to what percent means. Percent, by weight, of alcohol in a driver's blood is based solely upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. It's that simple.

Now comes the hard part - defending yourself if you are charged with a DUI in California. According to the statute, passed by the General Assembly and signed by the Governor, in a case brought under this law, 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 test within three hours after the driving. You need to call a lawyer as soon as you are charged with a DUI, and before a chemical test is administered, to protect your rights.

The law also states that it is illegal for someone who is addicted to alcohol or drugs to drive a vehicle.

If you are charged with a DUI in Ventura, we can help. Contact us today at 1-805-643-5555. Call now. At Bamieh & Erickson PLC we have years of experience defending clients charged with crimes in California. Dealing with the California criminal justice system can be difficult. We're here to help you resolve your troubles with the law and get your life back on track as soon as possible.

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