DUI Lawyer and Drunk Driving Attorney in Mojave CA
Our office represents persons charged with DUI in the Mojave Court, we can appear
on your behalf and resolve the case, in some cases without the client ever needing
to appear or travel back to Kern County. Our fees for a DUI charge in the Mojave
Court start at $2,500 and can go much higher depending on whether there are
priors, high blood alcohol, accidents, injuries, reckless driving, excessive speed
allegations, refusal, etc.
The applicable law for the base DUI charges in California are as follows:
Vehicle Code § 23152. Driving under the influence; Drivers of commercial vehicles
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to
drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is
based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent
or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08
percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test
within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug, such as marijuana, to drive a
vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program
approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of
the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to
drive a commercial motor vehicle, as defined in Section 15210.
In any DUI prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04
percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had
0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical
test within three hours after the driving.
(e) This DUI section shall become operative on January 1, 1992, and shall remain operative until the
director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act
of 1986 (49 U.S.C. § 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal
Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a
concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State,
and this section shall be repealed upon the receipt of that notice by the Secretary of State.
If your breath test was over .08%, or if there was a blood sample withdrawn or a refusal reported, the
Mojave Police probably took your license and issued you a notice of suspension and 30-day temporary
license. A first offense DUI involves a four-month suspension; a refusal or a second offense within ten
years will result in a one-year suspension. These suspensions can be successfully contested by an
experienced DUI attorney, but it is critical that the individual or, preferably, his attorney, CONTACT THE Kern
County DMV WITHIN 10 DAYS OF THE ARREST. The importance of this cannot be overstated; without a
properly submitted request, there will be no hearing and the suspension will automatically take effect 30
days after the arrest.
Some cases can be resolved without the client ever going to Court. Drug Intoxication including marijuana,
cocaine and methamphetamines can also result in additional charges being filed by the District Attorney in
Kern County.
on your behalf and resolve the case, in some cases without the client ever needing
to appear or travel back to Kern County. Our fees for a DUI charge in the Mojave
Court start at $2,500 and can go much higher depending on whether there are
priors, high blood alcohol, accidents, injuries, reckless driving, excessive speed
allegations, refusal, etc.
The applicable law for the base DUI charges in California are as follows:
Vehicle Code § 23152. Driving under the influence; Drivers of commercial vehicles
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the
combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to
drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is
based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent
or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08
percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test
within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug, such as marijuana, to drive a
vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program
approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of
the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to
drive a commercial motor vehicle, as defined in Section 15210.
In any DUI prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04
percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had
0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical
test within three hours after the driving.
(e) This DUI section shall become operative on January 1, 1992, and shall remain operative until the
director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act
of 1986 (49 U.S.C. § 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal
Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a
concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State,
and this section shall be repealed upon the receipt of that notice by the Secretary of State.
If your breath test was over .08%, or if there was a blood sample withdrawn or a refusal reported, the
Mojave Police probably took your license and issued you a notice of suspension and 30-day temporary
license. A first offense DUI involves a four-month suspension; a refusal or a second offense within ten
years will result in a one-year suspension. These suspensions can be successfully contested by an
experienced DUI attorney, but it is critical that the individual or, preferably, his attorney, CONTACT THE Kern
County DMV WITHIN 10 DAYS OF THE ARREST. The importance of this cannot be overstated; without a
properly submitted request, there will be no hearing and the suspension will automatically take effect 30
days after the arrest.
Some cases can be resolved without the client ever going to Court. Drug Intoxication including marijuana,
cocaine and methamphetamines can also result in additional charges being filed by the District Attorney in
Kern County.
Mojave Defense Attorney, Home all criminal and drunk driving charges || Contact the Mojave Lawyers for aggressive
defense || DUI Charges and driving under the influence DMV hearings || Hazmat Violations || DUI drugs and Drug
Possession charges || Informative legal resources and Legal Links || Site Map Inyokern, Rosamond Ridgecrest Criminal
Lawyers covering east Kern County and Lake Isabella DUI Lawyers as well as Mojave Speeding Ticket Defense
defense || DUI Charges and driving under the influence DMV hearings || Hazmat Violations || DUI drugs and Drug
Possession charges || Informative legal resources and Legal Links || Site Map Inyokern, Rosamond Ridgecrest Criminal
Lawyers covering east Kern County and Lake Isabella DUI Lawyers as well as Mojave Speeding Ticket Defense
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