El Monte DUI Laws
El Monte Defense Laws On DUI That You Need to Know
DUI offenders charged with impaired driving face severe and harsh punishments in El Monte, and in such cases it is always advisable to contact an experienced and reliable DUI lawyer.
All That You Need To Know Regarding The Laws For DUI in El Monte, CA
The DUI laws in El Monte, California are very clear. According the California Vehicle Code Section 23152 everyone commits an offense who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not. A conviction may be a life altering experience.
There are two sides to this. The first one is where there is an impairment due to the consumption of alcohol or drugs, and the person is unable to operate the vehicle. The second is where someone has consumed so much alcohol that its concentration in his or her blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
Over the years, DUI offenses have constituted the bulk of criminal cases on trial in the courts in El Monte or California. As experienced DUI attorneys, we have consistently defended our clients on DUI charges by challenging the prosecution on highly technical grounds.
Further El Monte Laws on DUI That You Need to Know
The most heavily-litigated criminal cases in El Monte, CA are related to DUI laws. However, the proof for impaired driving and later conviction is largely based on the observation of eye-witnesses and the investigating officer. While proof of an over 80mg offense entails taking a breath sample or blood sample to measure the level of Blood Alcohol Concentration (BAC), it can be more complex in the case of impaired driving due to the consumption of drugs. In this case, an evaluation performed by a Drug Recognition Expert and drafting of reports is required to charge the accused.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in El Monte
Types Of DUI Charges:
Consequences Of A DUI:
What is Required To Justify a DUI Offense Under El Monte DUI Laws
Few of the essential elements that are necessary to prove an offense under the laws of DUI is the time, date, jurisdiction and the identity of the accused. Apart from these, there are laws under the California Vehicle Code Section 23152 which empowers the officer to detain an accused on reasonable suspicion that there is alcohol or drugs in his/her body and that the accused was operating or was in care or control of the vehicle. The officer also has to prove beyond a reasonable doubt that the accused had an impaired ability to drive at that time and that alcohol or drugs caused the impairment.
Additional Proof Required For Justifying a DUI Arrest Under El Monte DUI Laws
According to the California Vehicle Code Section 23152, the essential elements for proving an offense for laws of DUI include time and date, jurisdiction and identity of the accused. However, section 23152(b) under laws for DUI is based on the situation where the Blood Alcohol Concentration (BAC) of the accused is over 80. It’s simply not enough that you were under the influence and the prosecutor has to prove that you were driving under the influence. According to the courts in California some movement of the vehicle is required in order to constitute driving. Further the courts are of the view that the said movement may be proven by circumstantial evidence.
The term “Circumstantial evidence” is any kind of evidence that doesn’t directly point towards guilt, but can be inferred from the surrounding circumstances.
As per the law, each sample of the blood is taken as soon as the offense is committed and the first sample should not be taken later than 2 hours after the incident. Apart from this, there should be an interval of at least 15 minutes between subsequent samples. The samples have to be taken directly into an approved instrument handled by a qualified technician whose admittance is later determined by the court.
DUI Defense Law Strategies Used in El Monte Courts
For first time offenders, getting pulled over under DUI laws can be traumatizing. However, you are presumed to be innocent until proven guilty and it is the duty of the prosecution to establish that you are, in fact, guilty. Based on certain lapses by law enforcing officers in following the rules, combined with effective legal strategies implemented by your DUI lawyer, you can win a DUI case. The ways of beating a DUI are as follows:
- Challenging the legality of the DUI checkpoint stop
- Taking Mouth Alcohol as a defense
- Taking medical defenses such as GERD, Hiatal Hernia and acid reflux
- Ketosis as a result of Diabetes or Low-Carb diets
- Citing Title 17 Violations
- Proving to the court it was simple bad driving and not DUI
- Taking Radio Frequency Interference as a DUI defense
- Showing that you were not driving
- Proving that no mental impairment means, no DUI offense
- Showing to the court that there was lack of probable cause for a DUI stop
- Disputing the Suspicion that you were under the influence.
- Questioning the Field Sobriety Tests
- Challenging the Blood Alcohol Concentration results from breath tests
- Challenging the results of the blood tests
- Showing and proving that the arrest at the DUI Checkpoint was illegal
- Asserting the failure of the officer to read your Miranda Rights
- Alleging racial profiling or some other misconduct
- Making a Rising Blood Alcohol Content argument
- Citing a failure to issue implied consent warning
Contact Us Today To Understand Which El Monte DUI Defense Laws Apply To Your Case
Since we possess all of the necessary experience and knowledge required to present your case at trial and avoid unnecessary DUI penalties, we are the perfect option for you. By hiring us, you are obtaining representation by the most reliable DUI lawyers in El Monte, California for DUI defense law, with a high success record in cases relating to DUI offenses. Time is very crucial in these cases, so don’t be hesitant. Give us a call for more information and a free consultation.