DUI

Alcohol, Driving, and Driver’s Licenses

Murrieta – Temecula criminal defense attorney represents individuals charged with driving under the influence, reckless driving, and at driver’s license suspension hearings. Call attorney Karen E. Lockhart at (951) 698-5191 for immediate help with your case. Consultations are available by telephone or in person and are free of charge. Weekends and evening appointments are also available.

Reckless Driving

Reckless driving, including alcohol related reckless driving is defined in Vehicle Code section 23100 -23105, and is defined as driving a vehicle upon a highway in willful or wanton disregard for the safety of persons or property. A “wet” reckless is reckless driving after consuming alcohol, or drugs, or both. Both offenses are misdemeanors and will not generally result in a license suspension.

Both are punishable by a maximum of 90 days in county jail.

Driving Under the Influence

Driving under the influence can be prosecuted under several different theories. Vehicle Code section 23152 – 23153.

Misdemeanor driving under the influence can be prosecuted simply alleging the person operated a motor vehicle while under the influence of alcohol or drugs (Vehicle Code section 23152(a)), or operating a motor vehicle with a blood – alcohol level of .08% or more (Vehicle Code section 23152(b)).

A first time offense can result in a jail sentence of 180 days in the county jail. A second or subsequent can result in a sentence of one year in the county jail.

Felony driving under the influence can be prosecuted in several different ways. First by simply alleging the person operated a motor vehicle while under the influence of alcohol or drugs, and committed another crime or infraction, which resulted in great bodily injury to another person (Vehicle Code section 23153(a)), or operating a motor vehicle with a blood – alcohol level of .08% or more and committed another crime or infraction, which resulted in great bodily injury to another person (Vehicle Code section 23153(b)).

The punishment for a felony DUI is incarceration in state prison. That time may vary, depending on what enhancements, I any, are alleged. DMV License Suspension Hearings

Anytime you refuse or fail a breath test, you may having your driver’s license automatically suspended by the DMV. This is separate from any court action or criminal charge. An experienced attorney can help you protect your driving privileges. If you have recently been arrested for a DUI, contact us to protect your driver’s license.

While people understand that a drunk driving arrest is going to result in criminal charges in court, most people do not realize that a California Department of Motor Vehicles (DMV) license suspension is generally imminent.

You have 10 days after you have been arrested for DUI to request a license suspension hearing. If you do not request this hearing, your license will automatically be suspended for 120 days. We can help you set a hearing date and get a temporary license so that you can continue to drive until after your case has been resolved.

Contact Murrieta – Temecula DUI defense attorney Karen E. Lockhart, at 951-698-5191. With more than 21 years of experience defending individuals charged with drinking and driving offenses, she will schedule your DMV hearing, obtain a stay of the suspension of your driver’s license, conduct your DMV hearing and appear in court on your behalf. Call today for your free, confidential consultation.