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DUI Information

The DUI defense attorneys of Samudrala Law in Southern California handle all types of cases involving driving under the influence of alcohol and/or drugs. Because our team is made up of former prosecutors, we fully understand the complexity of California DUI laws. However, no drunk driving case is too complex or, at the same time too basic, to be accepted by our team. Over the past decade, our clients that have been charged with DUI have received aggressive and outstanding legal representation, even when facing the most serious of DUI and criminal charges.

  • Excessive DUI (BAC over .20)
  • DUI Resulting in an Accident
  • DUI with Prior Convictions
  • DUI and Reckless Driving
  • DUI Resulting in Great Bodily Harm
  • Minor DUI (Under 21)
  • DUI Resulting in Death
  • DUI with Children in the Car
  • DUI and Speeding

In regard to your case, whether you have been accused of misdemeanor or felony DUI, our expert lawyers will help you. We will make sure you achieve the best possible outcome in your case. Contact Samudrala Law offices today to discuss your California DUI charges and defense options with our legal experts. You can trust that the DUI/DWI defense attorneys at our firm will do everything possible to handle your case in the most efficient and effective manner.

CALIFORNIA DUI LAWS

When it comes to California DUI laws it is extremely important that you understand how the laws and civil liberties apply to your case. There are serious consequences for a DUI arrest and each year they become more severe. The new California DUI laws are the most complex they have ever been.

To get more information about your rights and what to expect throughout the duration of your case contact the DUI defense attorneys at Samudrala Law. Their expertise and years of experience both in and out of the courtroom makes our lawyers the most knowledgeable resources you can consult about California DUI laws and how they affect your case.

LEARN MORE ABOUT CALIFORNIA DUI LAWS

DRIVING UNDER INFLUENCE OF ALCOHOL OR DRUGS

23152

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, 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 chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.

NOTE: This section remains in effect only until notice by the Secretary of State, at which time it is repealed and the following section becomes effective.

23152

(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle..

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, 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 chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.

Amended Ch. 708, Stats. 1990. Effective January 1, 1991.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.
Amended Sec. 32, Ch. 455, Stats. 1995. Effective September 5, 1995
http://www.dmv.ca.gov/pubs/vctop/d11/vc23152.htm