Glendale DUI With Alcohol
For Glendale Driving Under the Influence of Alcohol offenses, defendants are typically charged under both California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. DUI charges involving alcohol are some of the most prevalent charges filed by prosecutors at the Glendale Courthouse, located at 600 East Broadway, Glendale, CA 91206. This article covers Glendale DUI charges in which alcohol is involved. Please visit the individual articles on Glendale DUI Refusal or Driving Under the Influence of Drugs for more in-depth information about these other related topics.
A Deputy District Attorney from the Glendale Branch of the Los Angeles County District Attorney's Office will usually file charges under both of the Vehicle Code Sections listed above. Under California Vehicle Code Section 23152(a) VC, it is against the law to drive while under the influence of alcohol and under California Vehicle Code Section 23152(b) VC, it is illegal to operate a motor vehicle when a person's blood alcohol level is above 0.08 percent. By filing both charges, the prosecutor is covering his or her bases. In some circumstances, such as where the driver refuses chemical testing or where there is a low blood alcohol reading but other indications of impaired driving, a prosecutor will only file charges of California Vehicle Code Section 23152(a) VC.
A conviction for Driving Under the Influence of Alcohol in Glendale can carry potentially severe consequences. Typical court sentences can include jail, extensive fines, fees and assessments, victim restitution, a lengthy probationary term, required community service or work programs, loss of driver's license, increased auto insurance premiums, and DMV points. There can also be negative consequences on state professional licenses, housing and employment.
The DUI Process in Glendale for a driver is usually initiated when a member of the Glendale Police Department, California Highway Patrol or other law enforcement agency stops a driver for a violation of the law. The officer cannot stop a vehicle without probable cause that the driver is breaking the law. The violation of the law can be minor, and often includes things such as failure to use turn signals, equipment violations, or driving in excess of the speed limit. If the prosecution cannot show there is probable cause then the case must be dismissed.
The officer must then be able to form the opinion that the driver is potentially impaired. They will form this opinion by noticing physical signs such as the odor of alcohol, bloodshot eyes and slurred speech. If they suspect the driver is under the influence, the officer will ask the driver to complete a series of standardized field sobriety tests meant to measure a person's physical impairment. They will also usually request the driver to provide a breath sample using a Preliminary Alcohol Screening (PAS) device. After conducting these tests, the officer may conclude that the driver is impaired. At this point, the officer would arrest the driver and take the driver back to the station for further chemical testing and booking.
There may be a variety of defenses available to fight a Glendale DUI with Alcohol charge. Due to the unique way in which the human body processes alcohol, a person may have a rising blood alcohol when they complete chemical testing despite the fact they were under the legal limit when they were driving. Other medical conditions may affect how alcohol levels are reflected in breath or blood testing. Additionally, if the officer lacked probable cause to stop or arrest a driver, it is possible to suppress the arrest and all evidence derived from it in a hearing pursuant to California Penal Code Section 1538.5 PC. If all evidence is suppressed, the prosecutor would be unable to proceed and would dismiss the charges.
If you have been arrested for Driving Under the Influence of Alcohol, it is very important that you speak with a Glendale DUI attorney immediately. Glendale DUI Attorney Michael Kraut has extensive experience in fighting DUI charges in the Glendale area. Mr. Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience and has established key relationships with prosecutors and law enforcement in the area. Mr. Kraut is highly respected for his extensive knowledge of the DUI law and his impressive skills in the courtroom.
For more information about Glendale DUI with Alcohol, and to schedule your free consultation, contact Glendale DUI Attorney Michael Kraut at the Kraut Law Group located at 450 North Brand Boulevard, Suite 600, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-507-9123.