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DUI

A person accused of driving under the influence is typically charged with, at the very least, two separate counts. 

California Vehicle Code Section 23152(a) provides that it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

California Vehicle Code Section 23152(b) provides that 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. 

Further, it is a rebuttable presumption that the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

In the case of a commercial driver, the blood-alcohol level at which a charge can be expected is substantially lower.  California Vehicle Code Section 23152(d) provides that it is unlawful for any person who has 0.04% or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle.  Again, in any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04% or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04% or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

 The government needs very little evidence, if any, to charge you with a crime.  But in order to convict a person of DUI, the government has to prove beyond a reasonable doubt each of the following elements:

1.  You were actually driving;

2.  A vehicle; and

3.  While under the influence.

 There are many legal, factual and scientific defenses to a DUI charge.  Brownstein Law Group has vast experience in exploring the many defenses available, and exposing the weaknesses in the government's case.  

If you have been charged with DUI in Marin County, or the greater Bay Area, or any related offense, do not hesitate to contact Brownstein Law Group.

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Brownstein Law Group is committed to answering your questions.

We’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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