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driving over 80 dui

Duarte Over 80 DUI Defense

Defending a Driving Over 80 DUI Charge in Duarte

over 80 DUI duarte

Due to the severity of punishments for DUI offenses in Duarte, those accused of DUI should contact an experienced and reliable DUI Lawyer.

How Courts Establish Proof For an Over 80 Charge in Duarte

The criminal laws in California consist of two distinct but closely related offenses under the criminal code. The first offense is impaired driving which bars a person from driving or caring or controlling a vehicle while their abilities to do so are prejudiced by the influence of drugs or alcohol. Impaired driving is covered under Section 253(1) (a). The second offense is over 80 DUI which lays down the same stipulation but relates to a situation where the blood alcohol concentration (BAC) of the person driving or in control of a vehicle is over 80mg per 100ml of blood. Over 80 DUI is covered under Section 253(1) (b) of the Criminal Code. In addition to these offenses, there are also other DUI-related offenses in Duarte, such as failure to provide a breath sample.

It is imperative that you contact a DUI defense lawyer immediately if you are facing driving over 80 DUI charges. We at Duarte DUI lawyer always strive to build the best defense possible to DUI charges. Through our zealous advocacy, we have shown consistently favorable results in defending our clients in these cases through detailed investigations and vigorous cross-examination of prosecution witnesses. Call us now for more information and a free consultation.

Establishing Proof for An Over 80 Charge in Duarte, CA

One of the most litigated criminal charges in Duarte, California is the over 80 charge. Because establishing proof of the offense rests heavily on the observations of the investigating officer as well as eyewitnesses, we focus on these issues at trial. Additionally, there is a very specific procedure that must be followed by the prosecution in proving the over 80 DUI. During this procedure, a Drug Recognition Expert takes breath and blood samples according to strict guidelines. The resulting blood alcohol content (BAC) reading is then used as evidence during the trial. These are all issues that we litigate during trial, and are experienced in dealing with.

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

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Types Of DUI Charges:

Impaired Driving

Driving Under The Influence

Over 80 m.g. DUI

Failure to Provide a Breathe Sample

Care and Control

Multiple DUI Offenses

Consequences Of A DUI:

Criminal Record

Serving a Jail Sentence

Drivers License Suspension

Payment of Fines

Travel Restrictions

Loss of Income

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What Is The Over 80 Charge Criminal Code in Duarte, California?

The laws concerning the driving over 80 DUI are focused on the element of the amount of alcohol in your blood which is somewhat challenging as there is absolutely no way that a correct blood sample can be provided. The blood samples are collected usually at the police station and not at the site of offense. It is therefore quite difficult to come to a conclusion that the BAC was above the prescribed limit. At Duarte DUI Lawyer we focus on this aspect while defending our clients.

An Over 80 DUI charge in Duarte primarily relies on the fact that the prosecutors have to prove their case by providing enough evidence in court regarding the amount of alcohol in your blood while the vehicle was being operated by you. The prosecutors will show to the court your blood alcohol concentration by relying upon presumption of identity vide which the judge can conclude that your blood alcohol is accurate as measured at the station provided that all the preconditions are met with. There are a number of potential defenses that can be taken by your lawyer who can challenge the preconditions required for presumtion of identity.

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driving over 80 DUI duarte

How to Fight Driving Over 80 DUI Charges in Duarte, California

There are a few ways that a DUI charge can be defended. First way is to establish in the court that the alcohol content in your blood was on the rise while you were being pulled over or when the blood samples were taken. The BAC level can be different depending upon the situation and it is always the case that when you consume alcohol it will rise to a peak level in your blood which may take 2-3 hours. This is a great defense that has to be proved in court by a competent lawyer.

Second is to prove to the court that the arresting officer did not comply with the California’s Title 17 Regulations before conducting the blood and breath tests. As per the said Title 17 the arresting officer has to follow a few procedures before taking a blood and breath sample. Third way is to prove to the court that the police officer didn’t follow the prescribed procedure such as the Title 17 Regulations and didn’t read you the Miranda Rights. All these things have to be proven in the court of law by an experienced and reputed DUI Lawyer who can protect you from facing the consequences of an Over 80 DUI charge.

The Process For Establishing Defense in an Extreme DUI Charge in Duarte, CA

The process of establishing blood alcohol content (BAC) is clearly laid down in the over 80 charge criminal code. Under the code, there should be at least an interval of 15 minutes between samples and every sample received should be taken using approved equipment. Each sample has to be taken as soon as possible after the offense is committed. The first sample being taken no more than 2 hours after the arrest. In addition, a qualified technician should operate the approved equipment. The technician is responsible for making an analysis of each sample and the evidence will be presented in court. These are all important protocols that must be followed and, if they are not followed, we will litigate to bring these issues up in court as part of our defense.

Defend Yourself Against a Duarte Over 80 DUI Charge by Contacting us Right Now

While the over 80 charge criminal code is very clear regarding the offenses and punishment, our experienced Duarte DUI attorneys build strong defenses against these cases. We do so primarily based on inconsistencies with evidence as well as cross-examination of prosecution witnesses. Our team of investigators often visits the site of the incident to get a first-hand report of what really happened. This helps us to present a good defense for your case. Call us today, and we will be more than willing to discuss your case. Our attorneys are skilled enough to prove that there are flaws in the prosecution’s case and thereby protect you from the consequences of the charges. We are here to fight for you.

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    Matthew Cohen dedicated to your rights

    Matthew Cohen is a top-rated defense attorney specializing in DUI and criminal defense cases in Los Angeles and the surrounding areas. He earned his bachelor’s degree from Binghamton University in New York, and his law degree from Pepperdine University in Malibu, California. During his tenure as a DUI defense lawyer, Matthew has represented thousands of defendants, where he has cultivated solid relationships with prosecutors and judges alike. When you hire Matthew Cohen to represent you, he will stand by your side every step of the way and help guide your case to a reasonable resolution as quickly as possible.

    How We Help our experience is your advantage
    Our initial in-person consultations are absolutely FREE and allow us to discuss your legal matter in a professional manner. The consultation will be a personal meeting with a veteran DUI lawyer, and not an accomplice. This is an extremely stressful time in accused’s life and therefore we do not place any time restrictions on the meeting. Our expertise ranges from a range of different criminal litigation with an extreme focus on impaired driving offenses. When visiting our offices we will take some time to read through your disclosure and evaluate your case. This can take some time but it is very important for us to thoroughly review your criminal matter in an appropriate setting.

    Areas Of Expertise what we excel at
    • Impaired Driving
    • Driving Under The Influence
    • Over 80 DUI
    • Failure To Provide
    • Multiple DUI Offenses
    • Care And Control

    Duarte DUI Defense Attorney

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    Duarte DUI Defense Attorney With Consistent Results

    We fight DUI charges to the ground and our success rates speak for themselves.

    Invaluable Experience

    Drunk Driving Charges

    As competent drunk driving attorneys, we are effective at collecting valuable evidence which will protect you against drunk driving charges.

    Over 80mg DUI Charges

    Utilizing detailed investigation strategies, we have reliably demonstrated ideal outcomes while guarding our clients against over 80 m.g DUI charges.

    Failure To provide Charges

    As DUI lawyers, we believe in upholding and protecting your human rights to keep you clear from any consequences arising from a failure to provide DUI charge.

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    Impaired By Drugs DUI Charges

    Our impaired driving lawyers are experienced at collecting evidence which allows us to provide our clients with a secure defense at trial.

    Multiple DUI Charges and Offenses

    We investigate all outcomes while safeguarding our clients from multiple DUI offenses and we will fight your case in the most ideal way possible.

    Extreme DUI Charges

    Our trustworthy DUI attorneys ensure that you receive the best possible legal protection against extreme DUI charges in Los Angeles, CA.

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