Arrested For DUI in the Mojave Desert? We Can Help.
Call Matt Now 661-243-1084
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 are flat fees which cover all
the time necessary to resolve the case without a trial, the amount
depends 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. As local lawyer we can
handle the Court date without the client being present in most cases.
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.
Matt or Alex can be reached at 661-243-1084
Recent Case Results
We were hired by a client arrested after leaving a bar in Ridgecrest.
The Police stopped the car after receiving a 911 call about a drunk
driver. A breath test revealed a BAC above the legal limit. The lawyers
filed a motion challenging the legality of the stop, claiming a violation of
the 4th Amendment. The initial Judge denied the motion, however we
appealed and the Court sided with our attorneys. The case was
DISMISSED.
Our Firm was hired by a client who lived in Tehachapi. Unfortunately
he was charged with his second DUI within 1 year. His BAC was over
.20 and involved an accident. Our Attorney Alex Griggs worked out a
dismissal for most of the charges with a reduction and probation for NO
JAIL TIME in the Mojave Court.
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
driving.
(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.
In some cases the driver may have both alcohol and drugs in their
system. Our Lawyers are experienced with fighting these charges
which can be very scientific and require the work of a toxicologist. Our
Firm is extremely knowledgeable on issues of rising BAC levels and
defenses that relate to whether the driver was in an absorptive or
post-absorptive phase of alcohol elimination.
Many times people arrested for DUI in the Mojave Desert will be
involved in a collision. In these cases it may take a considerable
amount of time to get the person to the hospital or jail for a blood draw.
This delay can create obstacles for the DMV and District Attorney if the
case is challenged as the law requires the blood to be collected within
three hours of the time of 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 Courtv
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.
Our Firm enjoys the highest rating in the nation for DWI defense and we
are very proud to belong to the NCDD which maintains excellence in the
area of drunk driving defense.
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 at 661-243-1084
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Matt Ruff and Alex Griggs, Top Mojave DUI Attorneys
