How and When to Challenge Your DUI

If you have been arrested in Poway for a misdemeanor DUI, you were likely charged with VC 23152(a) and VC 23152(b). VC 23152(a) alleges that the driver was under the influence at the time of operating a motor vehicle. VC 23152(b), which is the “per se” law, alleges that at the time of operating a motor vehicle, the driver had a BAC of .08% or more. Both VC 23152(a) and VC 23152(b) are typically charged together. VC 23152(f) will also be charged if the arresting agency believes that the driver is under the influence of alcohol and/or drugs.

If you have been arrested for a DUI, the first thing to do is contact an experienced DUI attorney. In order to save your license from suspension, the DMV must be contacted within 10 days of your arrest to request a stay of your suspension and to request a hearing.

There may be numerous defenses that an experienced DUI attorney can argue on your behalf to aggressively fight the DUI allegations. Those defenses may include challenging the basis for the stop; for example:

  • Were there traffic violations?
  • Was there erratic or unusual driving?
  • Are there any equipment violations?
  • Is the length of the detention reasonable?
  • Is there probable cause to justify the arrest?

If any of these areas are not supported by the law, then a motion will be filed to have the charges dismissed.

The breath and/or blood results may also be challenged. Did the law enforcement agency comply with Title 17 requirements and caselaw with regards to taking and storing the results of any test that was administered? There may also be an issue with whether or not you refused to take a chemical test. The consequences for refusal can be severe, so make sure to protect your rights.

If the case cannot be resolved, then a jury trial may be the best option. We will put together a comprehensive, aggressive, and detailed defense of your case that we will argue to the jury.

If you have been charged with a DUI in El Cajon, call Kern Law, APC today. We have been conveniently located in La Mesa since 2004 and provide a free consultation.

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