Malibu Drunk Driving Defense

What To Do When Caught Driving Drunk in Malibu

Recently, there has been an increase in drunk driving convictions in Malibu courts. This has resulted in drunk driving becoming one of the largest single offenses in California. Drinking and driving cases are more likely to be brought to trial than any other criminal offense. The reason for this is that, at trial, these cases are often contested on highly technical grounds based mainly on police violations of the federal Constitution, cited in the defense of those accused.

We have many years of experience in successfully defending our clients facing drunk driving charges, as one of the most reputed and experienced drunk driving lawyers in Malibu. As renowned DUI criminal defense attorneys, we have shown consistent results, largely due to our vigorous cross-examination of prosecution witnesses as well as our ability to target technical insufficiencies. If you have been charged for driving while drunk in Malibu, CA, you should get in touch with us as soon as possible. The earlier you get in contact with us the better it is for your case.

Exceeding the legal limit is by far the most common of all drunk driving charges in Malibu, CA. As per the various sub-sections of California Vehicle Code Section 23152 VC, it is illegal to drive while under the influence of alcohol, drugs or a combination of alcohol and drugs. The DUI offenses attract a lot of severe penalties and punishments that can be life altering and the drivers can face criminal penalties in court as well as an administrative driver’s license suspension. It is important to understand what impaired driving includes and what type of conduct is considered a violation of California’s DUI laws.

The law in California does not prohibit all drivers who have consumed alcohol from driving a motor vehicle. The legal BAC limit in California is 0.08 percent. This is not a substantial amount of alcohol and many people may feel that they are able to drive even when they are at or above the said limit. If a driver is found with a BAC which is 0.08 percent or more than that, he or she can be charged with driving with a BAC of 0.08 percent or higher in violation of California Vehicle Code Section 23152(b) VC.

Drivers who are 21 or under or those who are already on DUI probation cannot drive with any measurable amount of alcohol in their system and these drivers can be arrested or cited even if they have a BAC of 0.01 percent or higher.

When defending our clients in Malibu, through cross-examination of prosecution witnesses and presentation of other evidence, we try to establish that the taking of the breath samples may have violated the Constitutional rights of the accused.

Do Not Hesitate To Contact Us If You Have Received A Drunk Driving Offense

Additional Drug Evaluations When Charged with Drunk Driving in Malibu

When a road side evaluation or a sobriety test indicates that the BAC is over the limit of 80mg, a police officer has reasonable ground to suspect that the offense committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol. This is articulated under the relevant Section 23152(a) of the California Vehicle Code and in this case the officer can make a demand on the accused to submit to an evaluation by the said officer.

If the evaluating officer feels that the person is impaired by drugs or a combination of drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples. In addition, the statute regards fatigue toxins as a type of drug.

A demand can be made for additional physical coordination tests to check for sobriety when a Malibu police officer is in doubt as to whether a person has consumed alcohol or drugs and that he or she has been in control of a vehicle in the past three hours. Further demands can be made by the officer based on these tests, such as the demand for the use of more approved instruments to test blood in attempting to validate the drunk driving.

Use of Approved Screening Instruments if Accused of Driving While Drunk in Malibu

Use of approved screening instruments is crucial for testing whenever one is accused of driving while drunk while in Malibu, California in order to determine whether BAC is over the limit or not. These approved screening devices are calibrated in a way that they display fail if the BAC is above the prescribed limit, caution if between 0.05 and 0.1 percent, and a numerical value if the BAC is below 0.5%. When a lawful demand is made for such a test by an officer, turning it down is also a criminal offense by the driver, unless and until there is a reasonable excuse to do so.

Choosing An Experienced DUI Lawyer to Fight Your Drunk Driving Charges in Malibu

The best option for you is to get in touch with a Malibu drunk driving lawyer whenever you are faced with charges of drunk driving. We have knowledgeable drunk driving attorneys who have consistently delivered favorable verdicts to clients with different driving drunk charges in Malibu, CA. Our investigative team will visit the site of the incident to get first-hand reports that help us determine any inconsistencies in the prosecution evidence or disposition by witnesses. Contact us today for more information.