Avalon Care and Control Defense

As per section 23152 of the California Vehicle Code; everyone commits an offense who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care and control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not; while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or by a drug or having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

If you are facing a care and control charge, it is necessary for you to hire a reputable DUI lawyer who will fight to protect you from punishment arising from the case. Our firm offers you reliable DUI lawyers in Avalon who specialize in dealing with DUI offenses and who will strive to protect you from a conviction in an impaired care and control case.

What Constitutes A Care and Control Over 80 mg DUI Charge in Avalon, CA

In order to constitute a DUI offense as well as for you to be convicted of a DUI, you do not have to actually be driving a vehicle when you’re impaired by alcohol or drugs. Whether the engine of the vehicle is running or not, if you are able to set the vehicle in motion, it is enough to put you in a situation when you can be convicted of a DUI. The reason for this is that you have the ability to be in care and control of the vehicle and, csonequently, it will be presumed that you did so while your ability was impaired.

If you have been found drunk while sitting in the drivers seat of a vehicle, you will be attracting far more charges than when you are sitting in any other position of the vehicle. After investigation, the police will conclude that you were in impaired care and control of a moving vehicle and will argue the case based on the fact that you were fully capable of setting the vehicle in motion, unless there is evidence to show otherwise. The burden will then be upon you to refute this and convince the court that you had no intention or capability to set the vehicle in motion. In such a case, it is always advisable to stay out of the vehicle or hire a sober driver. By doing so you will be sure to avoid a care and control charge.

After assessing your case and preparing it thoroughly for representation in court, our lawyer will be able to mobilize the various ways to avoid the care and control charge. A high-quality and experienced DUI lawyer will fight to convince the court that you had no intention or capability to set the vehicle in motion.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Avalon

Avalon Laws Regarding Care and Control Over 80mg and Impaired Care and Control Charges

As per Section 23152(e) and Section 23152(f) of the California Vehicle Code, you are said to be committing a DUI offense and being in care and control of a motor vehicle while you are driving under the influence of drugs or alcohol or driving while being influenced by a combination of both. Impaired care and control does not necessarily mean driving a vehicle. In fact, a police officer can prosecute you if he has concrete reasons to form an opinion that your ability is impaired due to the influence of alcohol or any other drug irrespective of whether you were sitting on the driver’s seat or the other seats, even if the vehicle is not in motion.

Section 23152(b) of the California Vehicle Code explains and defines Over 80 as an extreme offense. As per this section, it is an offense to operate or be in care and control of a motor vehicle with over 80 mg of alcohol in 100 milliliters of blood. Getting charged with care and control over 80 mg means, that you were in care and control of a motor vehicle and your blood alcohol concentration being more than 0.08 which is a criminal offense and has very serious consequences.

The care and control criminal code consequences are very serious in Avalon and California. Notably, as per the California Vehicle code DUI offenses are considered as a crime and its consequences are very serious with suspension of license, a treatment or education program, fine or probable jail time and most of all, a criminal record. A good DUI lawyer is your only option to protect you from a DUI conviction. We offer you one of the most reputable DUI lawyers in Avalon, California and can provide you protection from a DUI conviction and its consequences. We always make it our duty to provide the best services and guidance in DUI cases to all Avalon clients.