However, if it is determined that you were intoxicated…and the above symptoms (such as fatigue or an illness like diabetes or epilepsy) simply contributed to your impairment…they will not serve as a defense to DUI.

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Assuming you are not a repeat offender, three requirements must be met for your DUI to be treated as a felony: while under the influence, the driver must commit a traffic violation, such as running a red light or speeding; secondly, the driver must have caused injury or death to a third-party; and finally, that injury must have been caused by the violation in question.  Your DUI can also be increased to a felony if you have multiple prior DUI convictions and/or a prior felony DUI conviction.

In addition to a possible up to four (4) year license suspension, any combination of the following are possible consequences for a standard 1st time DUI felony Offense:

If your driving was called into question, your California DUI lawyer will be sure to address the fact that sober people are responsible for the majority of traffic violations and accidents. Also, there may be non-alcohol related explanations for your driving miscues, such as being lost or momentarily distracted.

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This line of questions is designed to show the jury that the number of things you did right far exceeded the number of things you did wrong. Your attorney will also challenge

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Field sobriety tests don’t accurately measure impairment- California Vehicle Code 23152(a) VC Driving Under the Influence (DUI)

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Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County to schedule a free and confidential case evaluation.

Objective signs and symptoms of intoxication can be caused by a number of factors- California Vehicle Code 23152(a) VC Driving Under the Influence (DUI)

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In a Vehicle Code 23152(a) case, if the officer testifies that you displayed physical signs and symptoms that were consistent with someone who had been drinking, your DUI defense attorney will elicit testimony that

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Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the “felony DUI” provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of “vehicular manslaughter” where there is a death.

If your performance on the FSTs is described as “poor”…which will almost always be the case…your DUI defense lawyer will ask the officer to testify about all of the ways that you correctly performed the field sobriety tests.