Driving While Under the Influence (DUI)

An arrest for Vehicle Code Section 23152,(a) driving while under the influence of alcohol or (b) driving with a blood alcohol content greater than .08, will trigger two actions: Department of Motor Vehicles (DMV) action, and Court action.

The California DMV can suspend or revoke your privilege to operate a motor vehicle in California. The DMV can require you to enroll and complete DUI classes upon a conviction. A driving privilege suspension stemming from a DUI arrest can range from four months to one year depending on whether or not a chemical test was voluntarily taken. If you resisted, DMV can suspend your license for one year. If you did not, the suspension will be four months, if you are over 21 of course.

Court Action can have many implications. A court can impose jail, public work service, classes, and a fine. The court can also place you on five years probation.

DUI charges can be more serious when allegations are charged. Jail time is mandatory under the following circumstances:

  • Excessive Speed: driving in excess of 30 mph on the freeway and 20 mph on the streets (Vehicle Code Section 23582);
  • Driving with a passenger under 14 years of age (Vehicle Code Section 23572);
  • Willful refusal of a chemical test (Vehicle Code Section 23577).

Mr. Ham has successfully handled hundreds of DUI cases. Mr. Ham recently went to trial in a four count excessive blood alcohol criminal DUI case. In addition to two counts of dui, the client was charged with resisting arrest, and driving without a license. During the trial, all charges were dismissed.

Contact the Law Offices of Christian M. Ham today to discuss your legal options. Contact us online or call 619-236-1983.