Benicia DUI Laws
Benicia Defense Laws On DUI That You Need to Know
Anyone charged with a DUI, driving while impaired, in Benicia is inevitably going to face some pretty significant charges and should ALWAYS contact and hire a reliable DUI lawyer ASAP.
Everything you should know about the laws for DUI situations in Benicia, California
To say that the DUI laws in Benicia, California are cut and dry and about as explicit as they get would be a serious understatement.
According to the statute in Section 23152 of the California Vehicle Code, anyone that is found to have been operating a motor vehicle or vessel, or assists in the operation of the same, or has the care or control over that kind of vehicle or equipment – regardless of whether or not it is in motion – may be charged and later convicted with a DUI.
Obviously, anyone that has been charged or convicted with a DUI knows that they are dealing with a pretty serious situation. At the same time, not everyone that has been charged or faces a DUI conviction should have to deal with the lifelong punishments that follow (especially if they are innocent of all charges).
DUI charges in Benicia (and the rest of California, for that matter) have absolutely skyrocketed over the last few years. Today they make up a pretty decent chunk of all the different criminal cases that go to trial in courts up and down Benicia districts, and experienced DUI lawyers are going to tell you that most people go in with representation that is lacking – or no representation at all – and end up paying significant fines, serving jail time, and dealing with a permanent black mark on their criminal record that could have all been avoided.
The DUI laws in Benicia, California are very clear. According the California Vehicle Code Section 23152 everyone commits an offense who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not. A conviction may be a life altering experience.
There are two sides to this. The first one is where there is an impairment due to the consumption of alcohol or drugs, and the person is unable to operate the vehicle. The second is where someone has consumed so much alcohol that its concentration in his or her blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
Better understanding laws on DUI situations in Benicia
Interestingly enough, even though a decent amount of criminal cases in Benicia are related in one way or another to the violation of DUI laws and legislation (and even though they carry significant punishments and fines), the overwhelming majority of evidence presented to these courts is little more than the eyewitness account of investigating officers and any other witnesses that happened to be on the scene.
BAC testing is obviously also submitted regularly has evidence, particularly if an arresting or investigating officer has been able to determine that someone has 80 mg of alcohol in 100 mL of blood – triggering the zero-tolerance law stipulation that serves as an almost instant conviction.
Thankfully though, with the help of the right attorney, you’ll be able to manage and mitigate these situations and will usually be able to walk away from these kinds of charges without having a DUI follow you for the rest of your days.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Benicia
Types Of DUI Charges:
Consequences Of A DUI:
Recognizing requirements that justify a DUI offense according to DUI laws in Benicia
There are a couple of major pieces of the puzzle that have to come together to conclusively charge someone with a DUI in Benicia.
Obvious details like the time, the date, the jurisdiction, and the overall identity of the individual accused will need to be presented as evidence. On top of that, it has to be conclusively proven that the individual in question violated the California Vehicle Code and Section 2 3152 in particular, and that the investigating or arresting officer had enough proof to pull over the individual on suspicion of driving under the influence in the first place.
Officers will also have to prove beyond a reasonable doubt that the individual accused of DUI did in fact have an impaired ability to drive at that exact time, and they also have to prove that alcohol and/or drugs with a root cause of the impairment.
The proof necessary to justify a DUI arrest under Benicia wide laws is significant
According to that same California Vehicle Code at Section 23 152 (pertaining to the laws for DUI in Benicia) it’s not enough for a prosecutor to simply prove that you were under the influence of drugs and/or alcohol, but they also have to conclusively prove that you were driving while under the influence of these substances or that you were in the care and or control of a vehicle with the intention to do the same.
Some movement of the vehicle is necessary in order to constitute driving under its illegal recognized term, and while this may be conclusively proven out in the court of law by circumstantial evidence, it needs to be conclusively proven out all the same.
On top of that, the law requires that anyone to be charged with a DUI in Benicia have multiple samples of blood taken. The first is to be taken as soon as the offense has been noted, and certainly no later than two hours after the incident has been reported. After that, an interval of at least 15 minutes should exist between any subsequent samples that have been taken – and all samples need to be taken by an approved instrument handled by qualified technicians.
Expert attorneys will use numerous DUI defense law strategies to protect you in court
While DUI situations might seem pretty cut and dry as a layman, nothing could be further from the truth.
Professional and experienced DUI attorneys understand exactly how cluttered the justice system can be, and how much “wiggle room” they have with which to operate in an effort to get you off of these charges. There are a whole host of strategies to work around the existing DUI laws, strategies designed to help you avoid conviction and the significant punishments that inevitably result.
Some of these DUI strategies include, but certainly aren’t limited to:
- Challenging the overall legality of a DUI checkpoint
- Using prescription medication that triggered the BAC response
- Highlighting Title 17 rights violations
- Conclusively proving that it was poor driving skills and not impairment behind the traffic stop
- Conclusively showing that you were not driving the vehicle
- Questioning and challenging the legitimacy of field sobriety test
- Questioning and challenging the legitimacy of blood alcohol concentration tests
- Alleging racial profiling or other misconduct on the behalf of the investigating or arresting officer
- Alleging prosecutorial misconduct or a mix up with proper protocol
… And that’s just the tip of the iceberg!
Reach out today to see how we might help you when it comes to DUI defense laws
For years and years now we’ve been helping people throughout Benicia fight back against DUI charges, enjoying a sterling track record of success at making sure that our clients do not have to face the lifelong penalties and punishments a DUI conviction might bring about.
By taking advantage of our services, your hiring some of the best legal experts in the DUI penalties field, professionals that understand every aspect of DUI defense law that can give you every advantage you need to come out on top.
Contact us today for more information and a free, no obligation consultation.
Benicia DUI Defense Attorney