Kern Law, APC, has defended clients for over 20 years charged with Driving Under the Influence VC 23152(a), VC 23152(b), in Poway, California, and surrounding areas of Rancho Penasquitos, and Rancho Bernardo. Most DUI cases in Poway will be held at the San Diego Central Superior Courthouse, located at 1100 Union Street, San Diego, CA 92101. DUI cases have severe consequences, so an experienced DUI lawyer is critical to protect your rights and fight your case.
When arrested or charged with a DUI, it is important to understand that under Vehicle Code §13353.2 and §13558, you have 10 days of receiving the arrest paperwork or notice of suspension of your driver’s license to request a DMV hearing (Administrative Per Se Hearing). Otherwise, your license will be automatically suspended.
California Vehicle Code Section 23152(a)(b) covers DUI charges in Poway, California. 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.
To stop a vehicle suspected of DUI in Poway, CA, the arresting agency must have, for the most part, reasonable suspicion or probable cause. A driver has many rights during the stop, detention, and arrest of a DUI. Therefore, an experienced DUI lawyer is necessary to protect those rights and provide the best representation.
An officer will typically cite some of the following reasons to stop and make an arrest for
a DUI:
- 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;
- Did the driver make incriminating statements, and did the driver refuse to submit
- to a chemical test.
If you have been arrested or charged with a DUI in Poway, California, or the surrounding areas of Rancho Penasquitos or Rancho Bernardo, contact Kern Law, APC, today for a free consultation: 619-200-2808
