Legal Question in DUI Law in California

If the count for a violation of Vehcile Code Section 23152(a) states " he did willfully and unlawfully drive a vehicle while under the influence of an alcoholic beverage and a drug and under their combined influence". In order for a conviction of this count must they prove the drug portion as well as the alcohol?


Asked on 11/17/10, 2:36 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The DA has to prove you were driving while 'under the influence' of something, whether alcohol, drugs, or a combination.

If you are arrested and charged with a crime, what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

Read more
Answered on 11/22/10, 4:21 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California