While there is overlap, the elements that must be proved for each charge vary slightly.
1. 1. California Vehicle Code § 23152(a): Driving Under the Influence
In order to be convicted of driving under the influence under California Vehicle Code section 23152(a), the prosecution must prove two things:
2. California Vehicle Code § 23152(b): Driving with a BAC of 0.08% or greater
In order to be convicted of driving under the influence under California Vehicle Code section 23152(b), the prosecution must prove two things:
Even when your blood alcohol content test results were 0.08% or greater, it is important to have a skilled DUI lawyer review the discovery and conduct investigation. Just because your BAC was 0.08% at the time of your test does not mean it was above the legal limit while you were driving. Additionally, Bay Area counties have had problems with maintaining and calibrating their testing devices.
DUIs can be complicated and scientifically technical cases – it is important to have a qualified attorney evaluate your case and assist you in the process of reducing and fighting these charges.
Our defense lawyers at Hamasaki Law will guide you through the process from the moment we are contacted until your matter is resolved. Our lawyers will take the time explaining your various options, and we will work together to determine the best approach to fighting your case. Contact us now to discuss your case and let us help you through the process.