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La Mesa DUI Attorney, VC 23152

At Kern Law, APC, we have fought since 2004 to defend clients accused of DUI allegations, California Vehicle Code Section 23152. The legal limit for a DUI in California is .08, VC 23152(b). California Vehicle Code Section VC 23152(a) requires the driver to be under the influence of alcohol, which can be lower than .08. Under the influence does not mean drunk and is a legal term. Essentially, it means the driver was impaired to an appreciable degree that impacted their ability to operate a motor vehicle like an ordinary prudent person in full possession of his or her faculties.

DUI charges, for the most part, require reasonable suspicion or probable cause to stop the vehicle, probable cause to search and seize the person and/or vehicle, probable cause to arrest, and an examination of any statements made without being advised of the driver’s Miranda rights.

When an officer stops a vehicle for suspected DUI, here are some of the reasons they generally site:

  • Was there erratic driving, weaving, traffic violations, an accident, or unusual driving;
  • The physical appearance and conduct of the driver;
  • How the driver performed on field sobriety test; this may include horizontal gaze nystagmus; and
  • Did the driver make incriminating statements, and did the driver refuse to submit to a chemical test.

If the driver is arrested, audiovisual evidence – film, photographic, or tapes – may also become relevant.

At Kern Law, APC, we attack all aspects of the case and evidence. DUI convictions have serious consequences – including potential jail time, probation up to five years, fines, loss of a driver’s license, community service, and other potential consequences. It is paramount that you have an experienced DUI attorney on your side to protect your rights and defend your case.

If you have been arrested, charged, or under investigation for a DUI, please contact Kern Law, APC. We are conveniently located in La Mesa and offer free consultations.