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Duarte Driving Under the Influence Defense

Defenses to Driving Under the Influence Offenses in Duarte

driving under the influence duarte

Because of the severity of punishments faced by individuals charged with driving under the influence offenses in Duarte, it is always important to contact an experienced and reliable DUI Lawyer if you stand accused.

What To Do If Charged With Driving While Under the Influence in Duarte, CA

The laws surrounding driving under the influence in Duarte are very strict, and a conviction brings hefty fines and penalties. Moreover, these offenses are among some of the most litigated in the courts of Duarte, California primarily because they often deal with highly technical matters that attorneys can debate. In this context, a defense is crafted based on evidence collected from the site of the incident as well as the accounts of eyewitnesses who saw the events.

When defending our clients in court, there are a number of important aspects to building a defense. Our teams of highly experienced, professional, and reputable attorneys are well-versed in the complexities and technical details of DUI cases. Due to the time-sensitive nature of these cases, time is of the essence when deciding to contact an attorney to assist you in a DUI case, largely because the collection of evidence must happen quickly after your arrest. As a result, it is advisable that you contact us as soon as possible after being charged with breaking driving under the influence laws.

Laws Regulating Driving While Under the Influence Charges in Duarte

The prosecutor may lead you to believe that their case against you is quite solid and that you are going to face a lot of severe punishments, but there are many defenses available for you to fight a DUI. Our Duarte DUI attorney knows that that you may have various defenses available and our teams of expert and skilled attorneys will work diligently to defend you against conviction or any of the consequences of a Driving Under the Influence charges.

The prosecutor may lead you to believe that their case against you is quite solid and that you are going to face a lot of severe punishments, but there are many defenses available for you to fight a DUI. Our Duarte DUI attorney knows that that you may have various defenses available and our teams of expert and skilled attorneys will work diligently to defend you against conviction or any of the consequences of a Driving Under the Influence charges.

Defenses that have been used in several cases in order to beat California DUI charges:

  • The officer’s lack of probable cause to make the initial stop
  • Mistakes in the administrative procedures relating to blood and breath tests
  • A person appearing not under the influence during field sobriety tests
  • Miranda rights violations
  • Illegal arrest
  • A lack of evidence

If you have been arrested for an alcohol or marijuana DUI in Duarte or Orange County, these and other defenses may apply to your case. Our skilled Duarte DUI attorney can help you to determine what defenses may be available against a criminal DUI charge. However, it is important that you contact an attorney promptly as many defenses are time-sensitive.

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

dui driving under the influence duarte

driving while under the influence duarte

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

DUI Driving Under the Influence in Duarte, California

The essential factors of establishing evidence for DUI driving under the influence are primarily: (1) the time and date of the incident, (2) the identity of the accused, and (3) that the court has proper jurisdiction. Additionally, in a case that involves drugs, as opposed to alcohol, the case becomes more complicated and requires the professional opinion of a drug recognition expert.

Over 80 Driving Under the Influence Law in Duarte, CA

In order to prosecute a DUI case, It has to be established in the court that the Blood Alcohol Concentration (BAC) of the accused is over 80mg for 100ml of blood. There is a certain set of protocols that law enforcement must follow in drawing blood samples. One, the blood samples must be taken as soon as possible after the offense occurred. Two, the blood samples must not in any case be taken later than two hours of the incident. FInally, there should be a 15 minute interval between subsequent samples obtained. All these requirements are clearly outlined in the driving under the influence laws.

Furthermore, breath samples must also collected using an approved and calibrated instrument handled by a certified technician in order for the evidence to be admissible in court. The instrument, such as a breathalyzer, displays fail for over 0.1%, caution between 0.05% and 0.1% and a numerical value below 0.05%.

driving under the influence law duarte

drinking and driving under the influence duarte

Fines for Drinking and Driving under the Influence Convictions in Duarte

The laws related to driving under the influence are enacted both by Congress and the Federal government of the United States. Therefore the fines and punishment may vary depending on the province. However, the minimum quantum for punishments is:

  • For a first offense, 6 month license suspension, three year probation, and up to $1000 fine.
  • For a second offense, 24-month license suspension, three year probation, up to one year jail sentence and a $1000 fine.
  • For a third or subsequent offense, 36-month license suspension, five year probation, one year jail sentence and fine up to $1000.

Choose an Elite Duarte DUI Lawyer To Fight Your Driving Under the Influence Charge

Our experienced and skilled impaired driving lawyer has successfully defended clients in drinking and driving under the influence cases in courts all across Duarte, California. Our investigators often visit the scene of the incident to get first-hand information on the case. In so doing, we are able to go into the depths of the case in order to build a defense based on countering the prosecutions evidence and being able to cross-examine witnesses. We also rely on the federal Constitution and its various rights to build our case in defending you. The different strategies that we have used have always been successful in the courts of Duarte, California. Give us a call to learn more about how we can defend you against driving under the influence offenses.

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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte 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.

dui false arrest

Duarte False DUI Defense

Defense Against a False DUI Arrest in Duarte, CA

false DUI arrest duarte

DUI laws in Duarte are severe. This makes it even more crucial to get an experienced and reliable DUI Lawyer to represent you.

What To Do In Case of A Wrongful DUI Arrest in Duarte

Getting charged with a DUI offense can be overwhelming, and its consequences can be challenging. Being charged with a DUI offense under the California Vehicle Code not only puts you in a situation where you end up paying heavy fines and facing possible jail time but will also leave you with a criminal record since a DUI is a criminal offense under the Code.

However, there are times when you might be given a wrongful DUI arrest in Duarte. In such a situation, it is always the best first step to take these charges to trial with the help of a knowledgeable and highly reputable DUI lawyer. A Duarte DUI lawyer can help you overcome a false DUI arrest.

Handling a DUI False Arrest in Duarte, California

A police officer has the power to arrest a person if that person is driving under the influence of alcohol or some other intoxicating substance. However, the officer does not have the right to forcefully or wrongfully arrest a person just based on a generalized belief that said person might be intoxicated. In the case of a false DUI arrest in Duarte, California, you have the right to challenge it in court with the help of a lawyer. A reliable and reputable Duarte DUI lawyer will be able to guide you through the ordeal and help you fight the case.

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

diabetes DUI defense duarte

dui false arrest duarte

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 Does a False DUI arrest Involve in Duarte?

A false DUI arrest refers to the wrongful and intentional restriction of your freedom against your consent based on the false belief that you were under the influence of alcohol or some other prohibited substance while driving. When officers fail to follow the proper procedure before arresting you, you have the right to defend yourself with the help of a qualified and reliable lawyer who specializes in DUI offenses.

Situations Where a Wrongful DUI Arrest is Undertaken by a Duarte Police Officer

If a police officer has arrested someone without authority or beyond the scope of the powers vested in him or her, then that officer will be committing a false DUI arrest. The officer can arrest a person only if a crime has been committed or if he or she has reason to believe that a crime is being committed. If you have been arrested without committing a crime, then constitutes a false arrest. Thus, if the officer arrested you on the basis of a DUI offense without there being any supporting evidence, then it is a case of a false DUI arrest.

As per procedure, there are certain legal rights you have that you should be aware of. These are the rights that are often ignored by the police:

  • The presence of legally sufficient facts to constitute a “probable cause” to stop, detain or make an arrest.
  • The advice that submission to a field sobriety testing or a breathalyzer test is not required by law.
  • You must be advised of your constitutional rights known as the “Miranda Rights” before any further questioning takes place after you have been arrested.
  • There must be a choice that should be given to you between breath and blood testing and if you refuse, you must be advised of the legal consequences that follow.

Since a breath sample is not saved during a breath test, you must be given a chance to obtain a blood sample for an independent testing by your DUI defense attorney at a later stage.

 wrongful DUI arrest duarte

false DUI duarte

Conditions Linked to a False DUI or Wrongful DUI in Duarte, CA

As per the relevant sections of the California Vehicle Code, drinking and driving is a punishable offense that has severe penalties and punishments attached to it. If you have been arrested for a DUI offense by the police without there being any evidence to support the arrest, then it is a false DUI arrest committed by the police in Duarte and California. A wrongful DUI arrest, on the other hand, is when a police officer arrests you beyond the scope of their powers. In such a case, hiring a highly reputed and skilled Duarte DUI lawyer can help you get out of these false charges.

Diabetes DUI Defense in Duarte and California

In the case of diabetes, the breath tests commonly used by the police officers can register acetone as alcohol. Studies have shown that they can be as high as 0.6. If that is added to your BAC level, it may go way above the prescribed limit. In such a case, it is necessary that you hire a reputable Duarte DUI lawyer who will structure a proper diabetes DUI defense in your case by proving to the Duarte court that you have been wrongfully charged.

For more information, contact us today. We will be more than willing to help you with your wrongful DUI defense.

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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte 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.

dui first offense

Duarte Impaired Driving Lawyer

Impaired Driving Defense Lawyer in Duarte, California

impaired driving lawyer duarte

Due to the severe and harsh punishments handed out to Duarte DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.

What To Do In Case You Are Facing Impaired Driving Charges in Duarte

For first-time offenders, being arrested for impaired driving charges is a frightening experience. You might be subjected to the maximum punishment for your impaired driving charges and you might lose your case at trial if you fail to act immediately.

When one is in such a situation, it is always advisable to contact an experienced DUI lawyer. Time is of the essence in building a good defense for your case. Our team of investigators gather evidence first-hand in order to evaluate whether the rights of the accused have been abided by or not. Our defense is based on utilizing this evidence at trial as well as cross-examining the prosecution’s witnesses.

The Laws Constituting Impaired Driving Charges in Duarte, CA

As per the various sub-sections of California Vehicle Code Section 23152 VC, it is illegal to drive while under the influence of alcohol, drugs or a combination of alcohol and drugs. The drivers who commit DUI offenses have to face a lot of severe penalties and punishments that can be life altering. Apart from this, they can face criminal penalties in court as well as an administrative driver’s license suspension. It is important to understand what impaired driving includes and what type of conduct is considered a violation of California’s DUI laws.

(a) The law in California does not prohibit all drivers who have consumed alcohol from driving a motor vehicle. The legal BAC limit in California is 0.08 percent. Since this is not a substantial amount of alcohol and many people may feel that they are able to drive even when they are at or above the 0.08% limit. If a driver is found with a BAC which is 0.08 percent or more than that, he or she can be charged with driving with a BAC of 0.08 percent or higher in violation of California Vehicle Code Section 23152(b) VC.; or

(b) The drivers who are found with a BAC lower than the approved limit can still be charged with driving under the influence of alcohol in violation of California Vehicle Code Section 23152(a) VC. It is however necessary for the prosecutor to prove beyond a reasonable doubt that the defendant was under the influence of alcohol at the time of driving. Drivers who are 21 or under or those who are already on DUI probation cannot drive with any measurable amount of alcohol in their system and these drivers can be arrested or cited even if they have a BAC of 0.01 percent or higher.

An experienced impaired driving attorney in Duarte, CA will find all the necessary information to defend you against impaired driving charges. All you need to do is contact Duarte DUI Lawyer today.

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

impaired driving defense duarte

impaired driving charges duarte

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

Successful Impaired Driving Defense Strategies Used in Duarte, CA

Defense of the accused in impaired driving cases in Duarte begins with gathering evidence at the site as well as establishing that all the charter issues have been strictly followed by the officer who has imposed the charges on the accused.

The first major way of identifying a DUI related violation is a breath test, but even breath tests can have faults in them. Factors such as malfunctioning of the instrument in question or the said instrument picking up unrelated physiological factors that can cause it to display a higher than accurate number, cannot be overlooked. Acid reflux, dental work and mouthwash, or even something as basic as the driver chewing tobacco prior to the incident, are the things we are talking about. People who suffer from diabetes usually excrete ketones through their breath and as a result of their interior chemical processes, those ketones convert into isopropyl alcohol, which can be mistaken for the alcohol we drink, in a breath test.

impaired driving attorney duarte

driving impaired lawyer duarte

Our Approach as an Experienced Driving Impaired Lawyer In Duarte

One of the primary aspects that need to be established in a DUI case is proof of the offense. Our experienced impaired driving lawyer will embark on several procedures in order to evaluate whether all laws have been followed strictly. Essential elements include time and date, the identity of the accused, and the jurisdiction. These all have to be looked into. Apart from this, the officer is required to have reasonable grounds to suspect that the accused’s impaired ability is caused by the consumption of alcohol or drugs. We will try to poke holes in the idea that the officer had reasonable grounds to do so.
In addition, a police officer can demand physical coordination tests to check for sobriety. Based on these tests, a further demand can then be made for an approved instrument check, a blood test or one for drug evaluation. An experienced driving impaired lawyer will seek to determine whether all the legal procedures were followed before the DUI charges are imposed. Our team will use this information to build a defense in your case.

Evidence Evaluations Conducted By an Impaired Driving Attorney

The process of confirming the impaired driving offense is also carried out by our driving impaired lawyer in order to determine if the laws have been followed. In order to prove that the Blood Alcohol Concentration (BAC) was above the limit of 80mg in 100ml of blood, the first sample should have been drawn as soon as possible and in any case not later than 2 hours after being pulled over. Subsequent samples should have been taken in 15 minutes intervals. For breath samples, an approved instrument should have been used and operated by a certified technician whose report will be placed on trial. If this protocol was not followed, we will use this to dismantle the prosecution’s case.

Hiring An Experienced and Reliable Impaired Driving Lawyer in Duarte

For a solid defense against impaired driving charges in Duarte, contact us today. Our team of attorneys has vast experience and professional expertise in this field. DUI cases are some of the most litigated in Duarte courts. We have consistently shown successful results in defending our clients off these charges. To learn more about our outstanding services, give us a call.

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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte DUI Defense Attorney With Consistent Results

We fight impaired driving 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.

fight drunk driving charges

Duarte Drunk Driving Defense

Defending Drunk Driving Charges in Duarte

drunk driving duarte

Due to the severe and harsh punishments that are handed out to DUI offenders charged with impaired driving in Duarte, it is always advisable to contact an experienced and reliable DUI Lawyer.

What To Do When Caught Driving Drunk in Duarte

Recently, there has been an increase in drunk driving convictions in Duarte courts. This has resulted in drunk driving becoming one of the largest single offenses in California. Drinking and driving cases are more likely to be brought to trial than any other criminal offense. The reason for this is that, at trial, these cases are often contested on highly technical grounds based mainly on police violations of the federal Constitution, cited in the defense of those accused.

We have many years of experience in successfully defending our clients facing drunk driving charges, as one of the most reputed and experienced drunk driving lawyers in Duarte. As renowned DUI criminal defense attorneys, we have shown consistent results, largely due to our vigorous cross-examination of prosecution witnesses as well as our ability to target technical insufficiencies. If you have been charged for driving while drunk in Duarte, CA, you should get in touch with us as soon as possible. The earlier you get in contact with us the better it is for your case.

Drunk Driving Charges in Duarte for BAC Levels Exceeding 80mg

Exceeding the legal limit is by far the most common of all drunk driving charges in Duarte, CA. As per the various sub-sections of California Vehicle Code Section 23152 VC, it is illegal to drive while under the influence of alcohol, drugs or a combination of alcohol and drugs. The DUI offenses attract a lot of severe penalties and punishments that can be life altering and the drivers can face criminal penalties in court as well as an administrative driver’s license suspension. It is important to understand what impaired driving includes and what type of conduct is considered a violation of California’s DUI laws.

The law in California does not prohibit all drivers who have consumed alcohol from driving a motor vehicle. The legal BAC limit in California is 0.08 percent. This is not a substantial amount of alcohol and many people may feel that they are able to drive even when they are at or above the said limit. If a driver is found with a BAC which is 0.08 percent or more than that, he or she can be charged with driving with a BAC of 0.08 percent or higher in violation of California Vehicle Code Section 23152(b) VC.

Drivers who are 21 or under or those who are already on DUI probation cannot drive with any measurable amount of alcohol in their system and these drivers can be arrested or cited even if they have a BAC of 0.01 percent or higher.

When defending our clients in Duarte, through cross-examination of prosecution witnesses and presentation of other evidence, we try to establish that the taking of the breath samples may have violated the Constitutional rights of the accused.

Do Not Hesitate To Contact Us If You Have Received A Drunk Driving Offense

drunk and drive duarte

driving while drunk duarte

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

Additional Drug Evaluations When Charged with Drunk Driving in Duarte

When a road side evaluation or a sobriety test indicates that the BAC is over the limit of 80mg, a police officer has reasonable ground to suspect that the offense committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol. This is articulated under the relevant Section 23152(a) of the California Vehicle Code and in this case the officer can make a demand on the accused to submit to an evaluation by the said officer.

If the evaluating officer feels that the person is impaired by drugs or a combination of drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples. In addition, the statute regards fatigue toxins as a type of drug.

drunk while driving duarte

driving drunk duarte

Additional Sobriety Tests in Facing Drunk Driving Charges in Duarte, CA

A demand can be made for additional physical coordination tests to check for sobriety when a Duarte police officer is in doubt as to whether a person has consumed alcohol or drugs and that he or she has been in control of a vehicle in the past three hours. Further demands can be made by the officer based on these tests, such as the demand for the use of more approved instruments to test blood in attempting to validate the drunk driving.

Use of Approved Screening Instruments if Accused of Driving While Drunk in Duarte

Use of approved screening instruments is crucial for testing whenever one is accused of driving while drunk while in Duarte, California in order to determine whether BAC is over the limit or not. These approved screening devices are calibrated in a way that they display fail if the BAC is above the prescribed limit, caution if between 0.05 and 0.1 percent, and a numerical value if the BAC is below 0.5%. When a lawful demand is made for such a test by an officer, turning it down is also a criminal offense by the driver, unless and until there is a reasonable excuse to do so.

Choosing An Experienced DUI Lawyer to Fight Your Drunk Driving Charges in Duarte

The best option for you is to get in touch with a Duarte drunk driving lawyer whenever you are faced with charges of drunk driving. We have knowledgeable drunk driving attorneys who have consistently delivered favorable verdicts to clients with different driving drunk charges in Duarte, CA. Our investigative team will visit the site of the incident to get first-hand reports that help us determine any inconsistencies in the prosecution evidence or disposition by witnesses. Contact us today for more information.

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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte DUI Defense Attorney With Consistent Results

We fight drunk driving 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.

impaired care and control

Duarte Care and Control Defense

Defending Against A Care and Control Charge in Duarte

care and control duarte

DUI offenders charged with impaired driving face severe and harsh punishments in Duarte. In such cases, it is always advisable to contact an experienced and reliable DUI Lawyer.

As per section 23152 of the California Vehicle Code; 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 and control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not; while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or by a drug or having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

If you are facing a care and control charge, it is necessary for you to hire a reputable DUI lawyer who will fight to protect you from punishment arising from the case. Our firm offers you reliable DUI lawyers in Duarte who specialize in dealing with DUI offenses and who will strive to protect you from a conviction in an impaired care and control case.

What Constitutes A Care and Control Over 80 mg DUI Charge in Duarte, CA

In order to constitute a DUI offense as well as for you to be convicted of a DUI, you do not have to actually be driving a vehicle when you’re impaired by alcohol or drugs. Whether the engine of the vehicle is running or not, if you are able to set the vehicle in motion, it is enough to put you in a situation when you can be convicted of a DUI. The reason for this is that you have the ability to be in care and control of the vehicle and, csonequently, it will be presumed that you did so while your ability was impaired.

How to Avoid a Duarte Care and Control Charge Legally?

If you have been found drunk while sitting in the drivers seat of a vehicle, you will be attracting far more charges than when you are sitting in any other position of the vehicle. After investigation, the police will conclude that you were in impaired care and control of a moving vehicle and will argue the case based on the fact that you were fully capable of setting the vehicle in motion, unless there is evidence to show otherwise. The burden will then be upon you to refute this and convince the court that you had no intention or capability to set the vehicle in motion. In such a case, it is always advisable to stay out of the vehicle or hire a sober driver. By doing so you will be sure to avoid a care and control charge.

Getting in Touch With A Reliable Duarte DUI Lawyer To Fight Your Care and Control Charge

After assessing your case and preparing it thoroughly for representation in court, our lawyer will be able to mobilize the various ways to avoid the care and control charge. A high-quality and experienced DUI lawyer will fight to convince the court that you had no intention or capability to set the vehicle in motion.

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

care and control criminal code duarte

impaired care and control duarte

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

Duarte Laws Regarding Care and Control Over 80mg and Impaired Care and Control Charges

As per Section 23152(e) and Section 23152(f) of the California Vehicle Code, you are said to be committing a DUI offense and being in care and control of a motor vehicle while you are driving under the influence of drugs or alcohol or driving while being influenced by a combination of both. Impaired care and control does not necessarily mean driving a vehicle. In fact, a police officer can prosecute you if he has concrete reasons to form an opinion that your ability is impaired due to the influence of alcohol or any other drug irrespective of whether you were sitting on the driver’s seat or the other seats, even if the vehicle is not in motion.

Section 23152(b) of the California Vehicle Code explains and defines Over 80 as an extreme offense. As per this section, it is an offense to operate or be in care and control of a motor vehicle with over 80 mg of alcohol in 100 milliliters of blood. Getting charged with care and control over 80 mg means, that you were in care and control of a motor vehicle and your blood alcohol concentration being more than 0.08 which is a criminal offense and has very serious consequences.

care and control over 80 mg duarte

care and control charge duarte

Breaking the Duarte Care and Control Criminal Code and Its Consequences

The care and control criminal code consequences are very serious in Duarte and California. Notably, as per the California Vehicle code DUI offenses are considered as a crime and its consequences are very serious with suspension of license, a treatment or education program, fine or probable jail time and most of all, a criminal record. A good DUI lawyer is your only option to protect you from a DUI conviction. We offer you one of the most reputable DUI lawyers in Duarte, California and can provide you protection from a DUI conviction and its consequences. We always make it our duty to provide the best services and guidance in DUI cases to all Duarte clients.

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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte 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.

driving over 80 dui

Duarte Over 80 DUI Defense

Defending a Driving Over 80 DUI Charge in Duarte

over 80 DUI duarte

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

How Courts Establish Proof For an Over 80 Charge in Duarte

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 Duarte, 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 Duarte 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 Duarte, CA

One of the most litigated criminal charges in Duarte, 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 Duarte

over 80 charge duarte

extreme DUI duarte

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 Duarte, 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 Duarte DUI Lawyer we focus on this aspect while defending our clients.

An Over 80 DUI charge in Duarte 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 duarte

driving over 80 DUI duarte

How to Fight Driving Over 80 DUI Charges in Duarte, 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 Duarte, 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 Duarte 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 Duarte 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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte 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.

driving and drinking charges

Duarte Drinking And Driving Defense

Defending Drinking and Driving Charges in Duarte

drinking and driving duarte

Because of how strict the laws are in regard to drinking and driving in Duarte, it is always advisable to contact an experienced and reliable DUI Lawyer.

What To Do In Case Youre Caught Drinking and Driving in Duarte, CA

Recently, there have been a lot of drinking and driving convictions in Duarte courts. This is why drinking while driving has become the most reported offense in California with a high number of convictions. Drinking and driving cases are the ones that are most likely to be sent to trial than any other criminal offense in the state of California. The reason is that at trial, these cases are often contested on highly technical grounds based mainly on police violations where the various sub sections of Section 23152 of the Vehicle Code are cited in defense of our client.

As one of the most respected and relied upon drinking and driving lawyers in Duarte, we have several years of experience in successfully defending our clients with driving and drinking charges. Largely due to our vigorous cross-examinations of prosecution witnesses as well as our ability to target technical insufficiencies, we have produced consistent results in clients cases. If you have been charged with drinking while driving in Duarte, CA, you should contact us immediately. The earlier you get in touch with us the better it is for you in order to get out of this mess.

Drinking While Driving Charges for BAC Levels Exceeding 80mg in Duarte

The most common of all drinking and driving charges in Duarte, CA is exceeding the BAC limit of 0.08%. A police officer can demand a person to provide breath samples into an approved instrument if there is reasonable ground for the officer to suspect that he/she has committed an offense under the California Vehicle Code Section 23152(b) within the last three hours due to the consumption of alcohol. The cutoff level is 80 milligrams in 100 milliliters of blood and this evidence is used against you if taken to trial.

However, when defending our clients in Duarte, we resort to some of the most effective methods. Through the cross-examination of prosecution witnesses and presentation of other evidence, we try to establish (proof that your rights were violated) when they demanded you take a breathalyzer test.

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

drinking while driving duarte

drinking and driving charges duarte

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

Additional Drug Evaluations When Charged with Drinking and Driving in Duarte

After a road side evaluation or a sobriety test it is indicated that the BAC is over the limit of 80mg, a police officer has reasonable ground to suspect that the offense committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol. This is articulated under the relevant Section 23152(a) of the California Vehicle Code and in this case the officer can make a demand on the accused to submit to an evaluation by the said officer.

If the evaluating officer believes that the person is driving under the influence of alcohol or drugs, or is under the influence of a combination of both drugs and alcohol, then the officer may demand to test the person’s alcohol consumption level using an approved instrument. The officer may also make a demand for blood and urine samples. It is also important to note that the statute also regards fatigue toxins as a type of drug.

driving and drinking duarte

charged with drinking while driving duarte

Additional Sobriety Tests if Faced With Driving and Drinking Charges in Duarte, CA

A Duarte police officer can make a demand for additional physical coordination tests to check for sobriety when the officer is in doubt as to whether the person has consumed alcohol or drugs and that he/she has been in control of a vehicle in the past three hours. On the basis of these tests, the officer may further make demands, such as the demand for the use of other approved instruments, a blood test, a urine test, or a drug evaluation. After these tests are taken, then the driving and drinking charges will be validated based on the results.

Use of Approved Screening Instruments if Accused of Drinking While Driving in Duarte

Whenever one is accused of drinking while driving in Duarte, California, the use of approved screening instruments is crucial for testing in order to determine whether someones BAC is over the limit. These approved screening devices are calibrated in a way that displays fail if the BAC is above the prescribed limit of .08%, caution if between 0.05% and 0.1%, and a numerical value if the BAC is below 0.5%. When a lawful command is made for such a test by an officer, turning it down means is considered a criminal offense by a driver, unless there is a reasonable excuse to do so.

Hiring An Experienced DUI Lawyer to Fight Your Drinking and Driving Charges in Duarte

Getting charged with a DUI offense can be overwhelming and can turn out to be a life-altering experience. Whenever you are faced with driving and drinking charges, the best option for you is to get in touch with a reputable and reliable drinking and driving lawyer in Duarte. Hiring Duarte drinking and driving lawyer is the best option for you to get out of this mess. We can build the best defense possible. In order to get first-hand reports that help us determine any inconsistencies in the prosecution evidence or disposition by witnesses our investigative team will visit the site of the incident if required. Contact us today for more information. We have experienced drinking and driving defense attorneys who have consistently delivered favorable verdicts to clients with different driving and drinking charges in Duarte, CA.

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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte DUI Defense Attorney With Consistent Results

We fight drinking and driving 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

Duarte Failure to Provide DUI Defense

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

failure to provide duarte

There are a number of severe punishments that are handed out to Duarte 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 Duarte

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 Duarte, 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 Duarte, CA

A failure to provide a breath sample in a DUI offense is considered a serious crime in Duarte, 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 Duarte 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 Duarte

If a Duarte 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 Duarte

failure to provide breath sample duarte

failure to provide a specimen duarte

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 Duarte, 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 duarte

fail to provide specimen duarte

Remedies if You Fail to Provide a Specimen in Duarte

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 Duarte, 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 Duarte, California

If you fail to provide a specimen in Duarte, 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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte 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.

dui offense

Duarte DUI Conviction Defense

Defense Lawyer in Duarte for Drinking and Driving Conviction

dui conviction duarte

Due to the severity punishments that are handed out to DUI offenders charged with impaired driving in Duarte, it is always advisable to contact an experienced and highly reliable DUI Lawyer.

What To Do When Faced With a DUI Offense in Duarte, CA

A driving under the influence, also known as a DUI Conviction, can be disastrous for your future and it can be a traumatic experience, especially for first-time offenders. Those are proven guilty have to face severe penalties and fines, some of which are life-altering. The actual penalty may be different in Duarte, California as compared to other places, but wherever the incident may take place the consequences can be extremely negative.

If you have been charged with a DUI offense, the first step that you should take is to get in touch with an experienced and highly reliable Duarte DUI lawyer. With a proven track record, our defense attorneys can help you beyond compare in these cases. We can help you avoid a conviction and the resulting harsh penalties. Our team of lawyers will fight your case on technical grounds, including examining evidence collected from the site and undermining, through cross-examination, the prosecution’s witnesses. Call us immediately if you are interested in preventing a drinking and driving conviction.

Points To Consider When Challenging a DUI Conviction As per the Duarte DUI Offense Laws

There are several aspects of a DUI criminal offense that one needs to consider. A police officer can charge you when she/he has reasonable grounds to believe that drugs or alcohol impaired your operating ability of a vehicle and that you are beyond the limits of sobriety.

You can be put through physical coordination tests, and if you are found to be impaired, then blood and urine samples as well as breathalyzer tests can be taken to substantiate the DUI offense further.

Do Not Hesitate To Contact Us If You Are Facing A DUI Conviction in Duarte

dui offense duarte

dui criminal offense duarte

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

Extreme Cases of Drinking and Driving Offenses in Duarte, California

An over 80 offense is usually considered an extreme offense. An accused is charged with this offense when the Blood Alcohol Concentration (BAC) in the body exceeds 80mg for a 100 ml blood sample. However, for a DUI conviction, there are some procedures that need to be followed by the authorities thoroughly.

Before giving you a California DUI breath test, an officer must continuously observe you for a period of fifteen minutes in order to ensure that during this time you do not put anything containing alcohol into your mouth, including drinks, medicines or mouth wash etc.

After the BAC evaluation has been done and it indicates an over 80mg BAC, a police officer has a reasonable ground to suspect that due to the consumption of drugs or a combination of drugs and alcohol the offense was committed within the previous three hours. In this case the police officer can make a demand on the accused to submit to an evaluation by the said officer.

If the evaluating officer feels that the person is impaired by drugs or a combination of drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples and it is also important to note that the statute also regards fatigue toxins as a type of drug. The sample has to be directly taken in an approved instrument operated by a certified technician. The reports of the analysis made by the technician are admissible during trial. Our Duarte DUI Lawyer goes through all these procedures and will ensure that none are overlooked.

drinking and driving conviction duarte

drinking and driving offenses duarte

Fines and Punishments in Duarte For a DUI Conviction

The minimum quantum of punishments for a DUI conviction are:

  • For a first offense DUI, up to 3 years of probation, license suspension for 6 months, jail for a period of up to 6 months and a fine that may go up of $1000.
  • For a second offense DUI, up to 3 years of probation, license suspension for 24 months, fine of up to $1000 plus penalty assessments and a one year jail sentence.
  • For a third DUI offense or more, up to five years of probation, license suspension for three years, fine that may go up to $1000 plus penalty assessments and a 120 days jail sentence that may go up to one year.

However, it is different if bodily harm or death has been caused due to impaired driving. If you injure someone in a DUI accident you will be facing stricter penalties. Injury DUIs can be charged as a misdemeanor or a felony. If charged as a felony, a DUI offense with an injury involved can result in a prison sentence which may go up to 4 years with fines of up to $5000. DUI cases involving fatalities are the ones where you will be charged for vehicular manslaughter or murder laws of the state. The penalties of such offenses vary greatly. The extent of sentencing depends on a number of factors:

  • In case no one is killed or hurt, the maximum sentence is 4 years of jail time.
  • If there is a death and the prosecutor has opted for pressing second degree murder charges, the maximum sentence is 15 years to lifetime of jail.
  • If a person has suffered bodily harm because of the DUI offense, the maximum DUI sentencing is 10 years of jail time.

Preventing a Drinking and Driving Conviction in Duarte, CA with Proven Strategies

For drinking and driving offenses, we present a defense that is largely based on technical grounds. Our main strategies that help us win is investigating whether the police officer violated any constitutional rights as well as whether the breath or blood sample analyses were carried out on approved instruments and within the set time frames as laid down by the law. We also gather first-hand evidence from the site of the incident to compare with that of the prosecutor and point out discrepancies, if any, in the court.

If you are dealing with drinking and driving offenses, get in touch with us immediately for professional advice, consultation services, and defense at trial.

323-406-8046

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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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte DUI Defense Attorney With Consistent Results

We fight drinking and driving offenses 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.

dui first offense

Duarte DUI Refusal Defense

Defense For Refusing A Breathalyzer in Duarte, California

dui refusal defense duarte

Because of the severe punishments meted out to DUI offenders in Duarte, it is essnetial iin such cases to contact an experienced and reliable DUI Lawyer.

The Implications of Duarte Laws For Those Who Refuse To Blow

When a police officer has reasonable grounds to suspect that the accused is driving under the influence, it is a criminal offense in Duarte for that person to refuse to give a breath sample. The sample is required to assess the Blood Alcohol Concentration (BAC) in the driver’s body. In such cases, the person will be charged with refusing to provide a sample. Additionally, the accused will also be charged with impaired driving as well.

The first thing you should do when you are charged with refusing to take a breathalyzer in Duarte, California is to get in touch with an experienced and reliable Duarte DUI lawyer who will prepare your DUI refusal defense. There are several angles that can be taken into account when dealing with this law. Our team of DUI lawyers has consistently been successful in getting a DUI refusal dismissed in the courts of Duarte.

The Consequences and Penalties You Should Expect If You Refuse To Blow in Duarte

If you refuse to blow by failing to give a sample of your breath, after a reasonable and lawful demand has been made by a police officer, you will be attracting stiff penalties and harsh punishments in Duarte courts. There are several consequences to a refusal.

The major consequences of a breathalyzer test refusal in California are:

  • Increased penalties in addition to the standard California DUI penalties
  • A mandatory driver’s license suspension that will occur regardless of the outcome in your DUI case.
  • This is because of the “implied consent” law in California. As per this law, you have no right to refuse a DUI breath test once you are lawfully arrested for DUI.

The “implied consent law” in California applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has recently suggested that penal action may not be taken against defendants for refusing to take blood tests in cases where the police have not obtained a warrant.

If proved guilty of the offense, first-time offenders will automatically face additional jail time of 96 hours and a 2 year license revocation. For second time offenders, additional jail time of 10 extra days and 3 year license revocation. For third time offenders, 18 extra days in jail and a 3 year license revocation.

Those who do not have a criminal record have to know for sure that the decision to refuse to blow may cost them their good reputation by giving them a record.

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

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beat a DUI refusal duarte

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

How to Effectively Build a DUI Refusal Defense in Duarte, CA

Usually, a lot of people have a common misconception that fighting a California DUI Refusal charge is impossible. However, there are a lot of effective ways that can be resorted to in order to fight a DUI Refusal charge. When a person is accused of refusing to submit to a blood or breath alcohol test, they are charged with driving under the influence of alcohol in violation of California Vehicle Code Section 23152(a) with the further allegation that they refused a chemical test as required by Section 23612 of the California Vehicle Code, deliberately.

When you contact our Duarte DUI Lawyers to try and beat a DUI refusal, we zealously advocate on your behalf by focusing on a number of issues that might have been a legitimate basis for refusing a breathalyzer. These may include:

  • Mental grounds where the accused was so drunk or inebriated with drugs that he/she was unable to understand the demand being made or the effects of the refusal.
  • Incapacitation due to medical reasons.
  • Not given the right to meet or consult with counsel before providing the breath sample.
  • The breathalyzer equipment not giving accurate results.
  • The police officer had no reasonable and probable grounds to suspect that an offense under DUI laws has been committed and hence there was no sufficient reason for the person to take the test.
  • Not driving under the influence.
  • Failure to provide appropriate warning.

Contact a Defense Lawyer Immediately If You Refuse To Blow in Duarte

You will be assured that your refusal to take a breathalyzer test and your impaired driving charges are fought on highly technical grounds when we receive details of an arrest if you refuse to blow. This includes whether the police officer followed the rules that he must obey in administering the tests, and whether the driver had a valid reason for refusing the test.

Moreover, it has to be proven beyond a reasonable doubt by the prosecution that the police officer fulfilled all of his legal obligations. This includes confirming that the person who had been asked to take the breath test understands what he or she was required to do, and the consequences of refusing to do so. Therefore, if you have been arrested, our DUI refusal defense will depend on these kinds of factors, which depend on technical, constitutional grounds.

refusing breathalyzer duarte

refuse to blow duarte

The Chances of Getting a DUI Refusal Dismissed in the Courts of Duarte

Although a common misconception is that, under the laws in Duarte, California, it is very difficult to get a DUI refusal dismissed because the laws are very strict regarding refuse to blow cases. However, a reliable Duarte DUI Lawyer can prepare an outstanding DUI refusal defense for you. It will primarily be based on whether all of the necessary regulations and conditions have been fulfilled before the officer asks you to perform the test. In most cases, we are able to point out flaws in the prosecution’s argument, especially when it comes to officer’s compliance with these rules, in building the best defense possible.

We Are Your Best Option When Trying To Beat A DUI Refusal in Duarte

If you are charged with refusing a breathalyzer and impaired driving, contact our Duarte DUI lawyer immediately. Time is of the essence in such situations because our DUI refusal defense is largely based on technical and constitutional grounds that pertain to the collection of evidence collected from the site as well as cross-examining prosecution witnesses. We also offer a DUI expungement service for those who have already been convicted and want their DUI records gotten rid of. Give us a call today to experience our great services.

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

Duarte DUI Defense Attorney

dui lawyer DUI attorney 6

Duarte 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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