Using CA Vehicle Code to Defend You in a DUI

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If you are arrested for DUI, you are looking at a range of severe penalties. License suspension, heavy fines and jail time are all possibilities, with even harsher measures if you are a repeat offender. On top of that, you have a very short window (10 days) to contest license suspension in court. In the face of all this, you may feel hopeless and overwhelmed. The attorneys at Tarman Law are experts in DUI defense, and know how best to legally challenge your penalties.

California Legal Code has several sections attorneys will examine in relation to your case:

  • Section 23140: a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
  • Section 23152: a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle...(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
  • Section 23153: (a) It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

These laws may seem cut and dry, but expert attorneys know how to examine every facet of the event to see if you were truly at fault. Some strategies they may use to challenge your arrest include:

  • Researching the age and wear of both your vehicle and the machine that was used to measure your BAC.
  • Independently measure your blood sample to confirm BAC.
  • Challenge the use of a field sobriety test, which if undertaken in a stressful environment, may have influenced your performance.

Do not let your DUI go uncontested. The skilled attorneys at The Law Offices of Kirk Tarman & Associates will work on your behalf to defend you against serious penalties. Please contact us today.

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