A majority of DUI arrests in Burbank involve alcohol (as opposed to drugs and other intoxicants) and prosecutors in the area frequently file charges of Driving Under the Influence of Alcohol in violation of both California Vehicle Code Section 23142(a) VC and California Vehicle Code Section 23152(b) VC. While this article deals specifically with DUI incidents in Burbank that involve alcohol, please visit the articles on DUI with Drugs and Burbank DUI Refusals for further information about those subjects.
A Burbank City Attorney or a Deputy District Attorney from the Burbank Branch Office of the Los Angeles County District Attorney’s Office will usually file both of the charges listed above in a typical DUI case in which there is a known blood-alcohol level at the time of filing. The case would then be heard at the Burbank Courthouse located at 300 East Olive Avenue, Burbank, CA 91502.
It is a crime to drive while under the influence of alcohol or another drug under California Vehicle Code Section 23152(a) VC and is against the law to drive with a blood-alcohol content of 0.08 percent or above under California Vehicle Code Section 23152(b) VC. Prosecutors in Burbank will proceed under both theories in most cases. There may be circumstances where a prosecutor will only file charges of California Vehicle Code Section 23152(a) VC, such as instances in which there is a refusal allegation or where the blood-alcohol content is below 0.08 percent but the driving conduct is such that the law enforcement officer believes they the driver was impaired.
DUI with Alcohol convictions in Burbank carry potentially severe and long-lasting consequences. A judge may impose a sentence involving jail time, costly fines, restitution to any victim, required community labor or community service, loss of license, increased insurance rates and points on one's driving record. Any DUI conviction may negatively impact professional licenses, housing and employment opportunities.
A DUI with Alcohol case typically begins after a law enforcement officer from the Burbank Police Department, California Highway Patrol or other local agency stop a driver they suspect is violating a traffic law. Officers require probable cause that the driver has committed a violation in order to justify the stop of the vehicle, however the probable cause can be as minor as failing to use a turn signal or having a rear-license plate light out.
Once a driver is stopped, an officer may suspect that a driver has been drinking based on physical observations the officer notices during his or her interaction with the driver. Officers are on the lookout for things such as a strong smell of alcohol, bloodshot and watery eyes or slurring of one's speech. The officer will then usually ask the driver to perform various Field Sobriety Tests in order to observe the driver's motor skills and will ask for a breath sample on a portable Preliminary Alcohol Screening (PAS) device. If the officer concludes that the driver is under the influence of alcohol, he or she will arrest the driver and take them back to the station for further chemical testing. At this point, a driver will be booked and will usually spend the remainder of the night in jail, then will be given a notice to appear in court on a future date.
There are several ways that a Burbank DUI Attorney can fight DUI with Alcohol charges. There may be circumstances where a person has a rising blood alcohol level which causes their test results to read higher than their actual BAC at the time of driving. There may be certain medical conditions that can affect the results of chemical testing as well. In addition, a defendant can challenge the validity of the stop and arrest in a hearing under California Penal Code Section 1538.5 PC. If successful at that hearing, all evidence produced by the stop would be suppressed and the prosecutor would have to dismiss the charges.
It is crucial that you consult with a Burbank DUI Attorney right away if you have been arrested for Driving Under the Influence of Alcohol. Burbank DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience, including a rotation at the Burbank Courthouse. As a result, Mr. Kraut is well known and respected by police and prosecutors in the Burbank area and has established a reputation as a tough litigator and passionate advocate for his clients.
For more information about Burbank DUI with Alcohol, and to schedule your free consultation, contact Burbank DUI Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-563-9810.