Our Santa Barbara DUI Lawyers Break Down the Law
It is not difficult to get a DUI in Santa Barbara, California. Under state law, it is unlawful to drive while impaired by alcohol or any kind of drug. Even a diabetic with an insulin imbalance could be arrested for DUI.
According to Statistic Brain, there were 214,828 DUI arrests in California in 2013. While the majority of those arrests were for driving under the influence of alcohol, California motorists can be arrested for driving under the influence of drugs as well. Illicit drugs, legal prescription drugs, and over the counter drugs can all cause impairment.
Santa Barbara DUI defense lawyer, Steven R. Andrade is a former prosecutor and is familiar with both sides of the criminal justice system. He uses this knowledge to our clients' advantage and defends their rights against impaired driving charges in criminal court and DMV hearings. We have successfully defended thousands of DUI and other criminal cases in Santa Barbara County and the surrounding areas in Southern California.
For a free DUI case evaluation, call Andrade Law Offices at (805) 962.4944.
Impaired Driving Defined
The criminal offense of driving under the influence and related offenses are defined in Sections 23152 through 23229.1 of the California Vehicle Code. State law on the subject of DUI is complex. Among other things, the law addresses adult drivers, underage drivers, commercial drivers, drug-addicted drivers, drivers on probation, and offenses committed while driving under the influence of alcohol or drugs.
However, the statute, as quoted below, is quite clear on the following points:
It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
It is unlawful for a person who is under the influence of any drug to drive a vehicle.
It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
As in most states in the country, the legal limit for adult drivers in California is .08 percent blood alcohol content (BAC). For commercial drivers, the limit is lower, at .04 percent. Anyone who is on probation for DUI can be charged with a subsequent offense and suffer driver's license suspension for driving with a BAC of .01 percent or higher.
Under our state's “zero tolerance” laws, drivers under the age of 21 can be charged with an alcohol-related offense and face a one-year license suspension if evidence establishes that the underage person drove with a BAC of .01 percent or higher. Additionally, it is unlawful (with certain exceptions) for anyone under the age of 21 to knowingly drive a vehicle carrying any alcohol or for passengers under the age of 21 to have any alcohol in their possession or control.
Legal Defense Against DUI in Santa Barbara County, CA
If you have been arrested for DUI, your first move is to contact an experienced Santa Barbara DUI defense attorney as soon as possible. You have been arrested – not convicted. It is important to aggressively fight DUI charges from the beginning.
Even with a first DUI offense, penalties can include license suspension,fines, jail time, a DUI program, and ignition interlock device installation. Penalties become more severe with subsequent offenses. A conviction on your record can raise your insurance rates and hurt your future employment and educational prospects.