Our office represents persons charged with DUI in the Mojave Court, we can appear on
your behalf and resolve the case, in some cases without the client ever needing to appear
or travel back to Kern County. Our fees for a DUI charge in the Mojave Court start at
$2,500 and can go much higher depending on whether there are prior DWI convictions,
high blood alcohol concentrations(over .20%), accidents, injuries, reckless driving,
excessive speed allegations, hit and run from the scene of a collision, refusal to take a
breath or blood test, etc. Those facing a DUI need to take immediate steps to protect their
rights. If you or a loved one is looking for a DUI lawyer in Mojave, call us today.
We can be reached toll free at 1-877-617-4486
The applicable law for the base DUI charges typically found on your citation or booking
sheet in California are as follows:
Vehicle Code § 23152. Driving under the influence; Drivers of commercial vehicles
(a) It is unlawful for any 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.( The law allows for prosecution of drunk driving whether the alleged substance is
alcohol, or drugs of any kind, or a combination of both.) A Mojave DUI Attorney can be
hired to challenge the opinions of the CHP officer or Sheriff's Deputy that arrested you.
(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. (The seminal factor here is that the BAC be .08 or more, if it
is .07, the District Attorney will not allege this offense, known as the "B" count).
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 criminal 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
(c) It is unlawful for any person who is addicted to the use of any drug, such as marijuana,
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.( Be advised,
a conviction for DUI while operating a commercial vehicle will result in a lifetime revocation
of all commercial drivers licenses, regardless of the person's history or need to drive.)
In any DUI 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.
The 3 hour presumption can be overcome by a Mojave DUI Attorney when evidence exists
to establish that the driver may have recently consumed alcohol close in time to the arrest.
If the lawyer can demonstrate that the body is in the absorptive state than a valid defense
may exist and the driver may be able to obtain a set aside of any license suspension at the
DMV and an acquittal in the criminal case as it relates to the VC23152b allegation.
In one recent case, the Mojave DUI Lawyer presented evidence that resulted in dismissal of
all DUI charges and the client got his license back after the DMV hearing. The case
originated in Tehachapi but the criminal proceedings took place in the Mojave Superior
If your breath test was over .08%, or if there was a blood sample withdrawn or a refusal
reported, the Mojave Police probably took your license and issued you a notice of
suspension and 30-day temporary license. A first offense DUI involves a four-month
suspension; a refusal or a second offense within ten years will result in a one-year
suspension. These suspensions can be successfully contested by an experienced DUI
attorney, but it is critical that the individual or, preferably, his attorney, CONTACT THE
Kern County DMV WITHIN 10 DAYS OF THE ARREST. The importance of this cannot be
overstated; without a properly submitted request, there will be no hearing and the
suspension will automatically take effect 30 days after the arrest.
Some cases can be resolved without the client ever going to Court. Drug Intoxication
including marijuana, cocaine and methamphetamines can also result in additional charges
being filed by the District Attorney in Kern County. We also handle DUI charges involving
off road vehicles in the desert areas of California City and the surrounding areas. Serving
all of Eastern County including Tehachapi DUI cases.
Contact Mojave DUI Lawyer Bruce Blythe toll free at 1-877-617-4486
Bruce M. Blythe, Attorney at Law Toll Free 1-877-617-4486