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DUI Attorney

- Drunk Driving, Driving While Intoxicated and DWI Lawyers

Whether the charge is a first time DUI or involves reckless homicide, the Genesis Law Group, APLC DUI defense lawyer, is well versed in protecting and defending your rights. After an arrest, it is vitally important that you get in contact with the top DUI attorney as soon as you can. Anyone stopped with a blood alcohol content level BAC of .08% or more runs the risk of serious consequences should a conviction occur. DUI penalties can be quite severe, resulting in possible jail time, harsh fines, and license suspension without a lawyer that specializes in DUI Defense.

Being arrested does not mean that you will be convicted and the Genesis Law Group can help fight against this possibility with detail oriented work ethic. We know the best ways to defend your legal rights and will diligently review your case to protect your future. We can help to challenge the evidence presented by the results of these tests, looking for any and all faults, so that we can better build a case to defend you. We recognize that while these tests can be difficult to combat, they are not impossible. We know the common faults with blood testing and are able to challenge the breath test.

While many will simply accept a guilty verdict and are convicted, this can lead to long term negative effects in your life, such as higher insurance rates, difficulty finding certain types of employment, and even in obtaining loans. Our experience, resources, and complete understanding of this often complex field, we are confident that we can offer you the level of legal assistance, support and guidance you need.

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A major source of evidence in drunk driving cases comes from the field sobriety tests that are performed at the scene of the arrest. These are a preliminary form of testing to determine the level of intoxication. There are three forms that have been standardized by the NHTSA (National Highway Traffic Safety Administration) that, when used properly together, have a high accuracy rate. These include the OLS or One-Leg Stand, HGN or Horizontal Gaze Nystagmus, and the WAT or Walk-and-Turn. While commonly used, these tests are not flawless. The Genesis Law Group is fully aware of the flaws that may have led to your arrest and is prepared to challenge these results. For example, medical complications and even exhaustion can cause a sober person to appear intoxicated – even if they didn't have a sip of alcohol.

DMV hearings are different than court hearings. You have 10 days to request a DMV hearing. A competent DUI attorney can play a key role in your DMV hearing and help you avoid the loss of your driving privileges. At the hearing, the arresting officer will provide evidence and testimony to prove the validity of the charge. DMV hearings take place at your local DMV office and we will present your argument before an administrative judge and prove to him or her that you were unlawfully stopped or arrested; that you were never asked to submit to a blood test; that your arresting officer did not inform you of the consequences of refusing a blood test; or that your test results were less than 0.08%.

Whether you are facing a first offense or have been charged with multiple DUI offenses, the Genesis Law Group – DUI Attorney will fight for the best possible results for your case. We understand the serious DUI penalties that are involved if you are convicted, so we will stop at nothing to defend you. In cases of DUI manslaughter, leaving the scene, or of a third or subsequent offense within 10 years, you could face a felony DUI charge and possibly be sentenced to time in prison.

When building any DUI defense, we will take a comprehensive approach and look at every angle. We know the correct questions to ask and will be able to look for things such as whether you experienced a search and seizure violation or if you were pulled over without probable cause. We know your rights and will go above and beyond to ensure that these are protected to the full extent of the law. Contact the DUI defense attorney to learn more about the solutions available to you. The DUI Attorney - The Genesis Law Group, APLC.

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V C Section 23152 Driving Under Influence of Alcohol or Drugs

Driving Under Influence of Alcohol or Drugs

23152. (a) It is unlawful for any person who is under the influence of any beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent 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.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent 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.

(e) This section shall ( )1 remain in effect only until January 1, ( )2 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

( )3

Amended and repealed Sec. 1, Ch. 753, Stats. 2012. Operative January 01, 2013. Repeal operative January 1, 2014.
The 2012 amendment added the italicized material, and at the point(s) indicated, deleted the following:
1. "become operative on "
2. "1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more."
3. "(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State."

NOTE: The preceding section becomes inoperative on January 1, 2014, at which time the following section becomes operative. The preceding section is repealed January 1, 2014.

23152 (a) It is unlawful for ( )1 a person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for ( )1 a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent 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.

(c) It is unlawful for ( )1 a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for ( )1 a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent 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.

(e) ( )3 It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(f) ( )4 It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

(g) This section shall become operative on January 1, 2014.

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