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driving over 80 dui

Downey Over 80 DUI Defense

Defending a Driving Over 80 DUI Charge in Downey

over 80 DUI downey

Due to the severity of punishments for DUI offenses in Downey, those accused of DUI should contact an experienced and reliable DUI Lawyer.

How Courts Establish Proof For an Over 80 Charge in Downey

The criminal laws in California consist of two distinct but closely related offenses under the criminal code. The first offense is impaired driving which bars a person from driving or caring or controlling a vehicle while their abilities to do so are prejudiced by the influence of drugs or alcohol. Impaired driving is covered under Section 253(1) (a). The second offense is over 80 DUI which lays down the same stipulation but relates to a situation where the blood alcohol concentration (BAC) of the person driving or in control of a vehicle is over 80mg per 100ml of blood. Over 80 DUI is covered under Section 253(1) (b) of the Criminal Code. In addition to these offenses, there are also other DUI-related offenses in Downey, such as failure to provide a breath sample.

It is imperative that you contact a DUI defense lawyer immediately if you are facing driving over 80 DUI charges. We at Downey DUI lawyer always strive to build the best defense possible to DUI charges. Through our zealous advocacy, we have shown consistently favorable results in defending our clients in these cases through detailed investigations and vigorous cross-examination of prosecution witnesses. Call us now for more information and a free consultation.

Establishing Proof for An Over 80 Charge in Downey, CA

One of the most litigated criminal charges in Downey, California is the over 80 charge. Because establishing proof of the offense rests heavily on the observations of the investigating officer as well as eyewitnesses, we focus on these issues at trial. Additionally, there is a very specific procedure that must be followed by the prosecution in proving the over 80 DUI. During this procedure, a Drug Recognition Expert takes breath and blood samples according to strict guidelines. The resulting blood alcohol content (BAC) reading is then used as evidence during the trial. These are all issues that we litigate during trial, and are experienced in dealing with.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Downey

over 80 charge downey

extreme DUI downey

Types Of DUI Charges:

Impaired Driving

Driving Under The Influence

Over 80 m.g. DUI

Failure to Provide a Breathe Sample

Care and Control

Multiple DUI Offenses

Consequences Of A DUI:

Criminal Record

Serving a Jail Sentence

Drivers License Suspension

Payment of Fines

Travel Restrictions

Loss of Income

323-406-8046

Call Us for a free Consultation

What Is The Over 80 Charge Criminal Code in Downey, California?

The laws concerning the driving over 80 DUI are focused on the element of the amount of alcohol in your blood which is somewhat challenging as there is absolutely no way that a correct blood sample can be provided. The blood samples are collected usually at the police station and not at the site of offense. It is therefore quite difficult to come to a conclusion that the BAC was above the prescribed limit. At Downey DUI Lawyer we focus on this aspect while defending our clients.

An Over 80 DUI charge in Downey primarily relies on the fact that the prosecutors have to prove their case by providing enough evidence in court regarding the amount of alcohol in your blood while the vehicle was being operated by you. The prosecutors will show to the court your blood alcohol concentration by relying upon presumption of identity vide which the judge can conclude that your blood alcohol is accurate as measured at the station provided that all the preconditions are met with. There are a number of potential defenses that can be taken by your lawyer who can challenge the preconditions required for presumtion of identity.

over 80 charge criminal code downey

driving over 80 DUI downey

How to Fight Driving Over 80 DUI Charges in Downey, California

There are a few ways that a DUI charge can be defended. First way is to establish in the court that the alcohol content in your blood was on the rise while you were being pulled over or when the blood samples were taken. The BAC level can be different depending upon the situation and it is always the case that when you consume alcohol it will rise to a peak level in your blood which may take 2-3 hours. This is a great defense that has to be proved in court by a competent lawyer.

Second is to prove to the court that the arresting officer did not comply with the California’s Title 17 Regulations before conducting the blood and breath tests. As per the said Title 17 the arresting officer has to follow a few procedures before taking a blood and breath sample. Third way is to prove to the court that the police officer didn’t follow the prescribed procedure such as the Title 17 Regulations and didn’t read you the Miranda Rights. All these things have to be proven in the court of law by an experienced and reputed DUI Lawyer who can protect you from facing the consequences of an Over 80 DUI charge.

The Process For Establishing Defense in an Extreme DUI Charge in Downey, CA

The process of establishing blood alcohol content (BAC) is clearly laid down in the over 80 charge criminal code. Under the code, there should be at least an interval of 15 minutes between samples and every sample received should be taken using approved equipment. Each sample has to be taken as soon as possible after the offense is committed. The first sample being taken no more than 2 hours after the arrest. In addition, a qualified technician should operate the approved equipment. The technician is responsible for making an analysis of each sample and the evidence will be presented in court. These are all important protocols that must be followed and, if they are not followed, we will litigate to bring these issues up in court as part of our defense.

Defend Yourself Against a Downey Over 80 DUI Charge by Contacting us Right Now

While the over 80 charge criminal code is very clear regarding the offenses and punishment, our experienced Downey DUI attorneys build strong defenses against these cases. We do so primarily based on inconsistencies with evidence as well as cross-examination of prosecution witnesses. Our team of investigators often visits the site of the incident to get a first-hand report of what really happened. This helps us to present a good defense for your case. Call us today, and we will be more than willing to discuss your case. Our attorneys are skilled enough to prove that there are flaws in the prosecution’s case and thereby protect you from the consequences of the charges. We are here to fight for you.

323-406-8046

Call Us for a free Consultation

Call Us Now talking is FREE!

Call For A Free Consultation


24 Hours

24 Hours, 7 Days A Week


Email Us Now our staff will be in touch

How We Help our experience is your advantage
Our initial in-person consultations are absolutely FREE and allow us to discuss your legal matter in a professional manner. The consultation will be a personal meeting with a veteran DUI lawyer, and not an accomplice. This is an extremely stressful time in accused’s life and therefore we do not place any time restrictions on the meeting. Our expertise ranges from a range of different criminal litigation with an extreme focus on impaired driving offenses. When visiting our offices we will take some time to read through your disclosure and evaluate your case. This can take some time but it is very important for us to thoroughly review your criminal matter in an appropriate setting.

Areas Of Expertise what we are best at
  • Impaired Driving
  • Driving Under The Influence
  • Over 80 DUI
  • Failure To Provide
  • Multiple DUI Offenses
  • Care And Control

Downey DUI Defense Attorney

dui lawyer DUI attorney 6

Downey DUI Defense Attorney With Consistent Results

We fight DUI charges to the ground and our success rates speak for themselves.

Invaluable Experience

As competent drunk driving attorneys, we are effective at collecting valuable evidence which will protect you against drunk driving charges.

Utilizing detailed investigation strategies, we have reliably demonstrated ideal outcomes while guarding our clients against over 80 m.g DUI charges.

As DUI lawyers, we believe in upholding and protecting your human rights to keep you clear from any consequences arising from a failure to provide DUI charge.

Our Office Hours Mon. – Fri.

Superior Knowledge

Our impaired driving lawyers are experienced at collecting evidence which allows us to provide our clients with a secure defense at trial.

We investigate all outcomes while safeguarding our clients from multiple DUI offenses and we will fight your case in the most ideal way possible.

Our trustworthy DUI attorneys ensure that you receive the best possible legal protection against any care and control charges in Los Angeles, CA.

323-406-8046

Call For Your Free Consultation.

failing to provide a specimen

Downey Failure to Provide DUI Defense

A Failure to Provide a Specimen Charge in Downey and How to Defend It

failure to provide downey

There are a number of severe punishments that are handed out to Downey DUI offenders charged with impaired driving. In such cases, it is always advisable to contact an experienced and reliable DUI Lawyer.

What to Do in case You Have Been Arrested for Failing to Provide a Specimen in Downey

Getting charged with a DUI offense is in itself a serious offense and failing to provide a sample makes things even worse. A lot of people get surprised when they come to know that the failure to provide a sample to a police officer is a criminal offense under the Criminal Code. Refusal is considered a serious criminal offense and is punishable with severe consequences and if you refuse to submit to a test after being lawfully arrested, you will face penalties for chemical test refusal. If the police suspect that you are intoxicated while driving they will demand a breath, urine or blood sample and if you refuse this demand you will be given a failure to provide a breath sample charge.

Failing to provide a specimen carries some major penalties apart from those in a standard DUI, which include a driving prohibition throughout the country, a fine, and a criminal record. Our firm employs some of the most recognized DUI lawyers in Downey, California and we believe in building a case to protect you from the consequences arising out of a failure to provide charge.

Failing To Provide A Specimen is a Criminal Offense in Downey, CA

A failure to provide a breath sample in a DUI offense is considered a serious crime in Downey, California and is dealt with in the strictest manner. As per the Californias implied consent law, you have no right to refuse a test once you have been lawfully arrested for a DUI offense. It becomes crucial that your Downey DUI lawyer prepares your case in such a way that the charges may be dropped by the prosecutors. The lawyer may prepare a case based on the breath or blood samples and may try to challenge them in court. However, if you fail to provide a specimen, this will not only get you charged with refusal but it will also weaken your defense.

Police Physical Sobriety Tests and Failing to Provide a Specimen in Downey

If a Downey police officer reasonably suspects that you have impaired ability due to alcohol and have driven a vehicle in the past three hours, he/she may ask you to do some physical sobriety tests so that your coordination can be assessed. Failing to provide a specimen or refusing to do the physical sobriety test when demanded by the police will create grounds for you to be charged with failure to provide a breath sample or specimen. The physical sobriety tests may include walking heel to toe or standing on one leg, among others.

For a physical sobriety test, the police do not have to read you your rights, such as your right to contact a lawyer, and they also do not need to wait until you speak with your lawyer before requiring you to take the test.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Downey

failure to provide breath sample downey

failure to provide a specimen downey

Types Of DUI Charges:

Impaired Driving

Driving Under The Influence

Over 80 m.g. DUI

Failure to Provide a Breathe Sample

Care and Control

Multiple DUI Offenses

Consequences Of A DUI:

Criminal Record

Serving a Jail Sentence

Drivers License Suspension

Payment of Fines

Travel Restrictions

Loss of Income

323-406-8046

Call Us for a free Consultation

Failing to Provide a Specimen in Downey, California and the Consequences

Failing to provide a specimen or refusal has some serious penalties, like those of a DUI offense. Such penalties include: Not being able to drive throughout the entire country, a fine, and a criminal record. However, the worst consequences of a refusal charge are:

  • Unlike a regular DUI case a refusal case has no breath, urine or blood sample and so your lawyer wont be able to challenge the accuracy of the readings. This would ultimately limit the lawyer’s arguments in your defense.
  • Increased penalties in addition to the standard DUI penalties in California.
  • A mandatory driver’s license suspension, regardless of the outcome of your DUI case.
  • Additional Jail Time for Refusing a Breath Test 48 extra hours till 18 extra days in a first DUI offense and a third or subsequent DUI offense respectively.
  • License Suspension/Revocation for Chemical Test Refusal from 1 year in case of first time DUI to 3 years in case of a third or subsequent DUI offense.

Apart from these issues, another major consequence is that, with no Blood Alcohol Concentration (BAC) readings, there is very little room for prosecutorial discretion. In most cases, when the reading is close to the legal limit the lawyers can try to convince the prosecutors to agree to a lesser careless driving charge instead of a DUI. This will benefit the accused since there will be no criminal record. However, in refusal cases, there is no BAC level and the accused is not charged with impaired driving. The charges, in this case, will be failing to provide a specimen. The prosecutors will be reluctant to settle for any lesser offense because the alcohol concentration level is unknown.

failing to provide a specimen downey

fail to provide specimen downey

Remedies if You Fail to Provide a Specimen in Downey

Failure to provide a breath sample or failure to provide a specimen even without a reasonable excuse does not mean you are guilty. Simply getting charged with a test refusal does not necessarily mean that it will be sustained in court. The Criminal Code has a set of rules and regulations that must be followed when taking a blood test or a breath sample blood test or a breath sample and if a police officer does not abide by these rules, then the demand is not lawful and the refusal case against you may be dismissed. You may be able to use several common DUI defenses in order to fight the penalties for refusing to take a DUI breath or blood test such as, your arrest being unlawful, the officer didn’t advise you clearly of the consequences of a test refusal and that your refusal resulted from an injury that was not caused or contributed to by alcohol or drugs.

Retaining a good DUI lawyer who deals with cases relating to impaired driving and failure to provide offenses becomes very necessary if you are charged. Our firm offers the most reliable DUI lawyers in Downey, California who strive to fight for your protection against all legal implications resulting from a DUI Refusal charge as well as cases involving teen drinking and driving offenses.

Points To Consider When You Fail to Provide Specimen in Downey, California

If you fail to provide a specimen in Downey, California you will be given a Failure to provide charge. A conviction in a refusal charge can be life altering and will make your future bumpy. However, our DUI lawyers have extensive experience defending all types of cases related to DUI offenses. Call us now to get more information and receive a free consultation.

323-406-8046

Call Us for a free Consultation

Call Us Now talking is FREE!

Call For A Free Consultation


24 Hours

24 Hours, 7 Days A Week


Email Us Now our staff will be in touch

How We Help our experience is your advantage
Our initial in-person consultations are absolutely FREE and allow us to discuss your legal matter in a professional manner. The consultation will be a personal meeting with a veteran DUI lawyer, and not an accomplice. This is an extremely stressful time in accused’s life and therefore we do not place any time restrictions on the meeting. Our expertise ranges from a range of different criminal litigation with an extreme focus on impaired driving offenses. When visiting our offices we will take some time to read through your disclosure and evaluate your case. This can take some time but it is very important for us to thoroughly review your criminal matter in an appropriate setting.

Areas Of Expertise what we are best at
  • Impaired Driving
  • Driving Under The Influence
  • Over 80 DUI
  • Failure To Provide
  • Multiple DUI Offenses
  • Care And Control

Downey DUI Defense Attorney

dui lawyer DUI attorney 6

Downey DUI Defense Attorney With Consistent Results

We fight DUI charges to the ground and our success rates speak for themselves.

Invaluable Experience

As competent drunk driving attorneys, we are effective at collecting valuable evidence which will protect you against drunk driving charges.

Utilizing detailed investigation strategies, we have reliably demonstrated ideal outcomes while guarding our clients against over 80 m.g DUI charges.

As DUI lawyers, we believe in upholding and protecting your human rights to keep you clear from any consequences arising from a failure to provide DUI charge.

Our Office Hours Mon. – Fri.

Superior Knowledge

Our impaired driving lawyers are experienced at collecting evidence which allows us to provide our clients with a secure defense at trial.

We investigate all outcomes while safeguarding our clients from multiple DUI offenses and we will fight your case in the most ideal way possible.

Our trustworthy DUI attorneys ensure that you receive the best possible legal protection against any care and control charges in Los Angeles, CA.

323-406-8046

Call For Your Free Consultation.

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