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Domestic Violence and Driving Offenses

At the Orange County Law Office of David P Schwarz we will fight against or prosecute and domestic violence problems relating to driving under the influence issues that might occur. Please contact our office at 949 735 9266 or via the web. We also can be reached by email at dpslaw66@gmail.com.

In General. A domestic violence attorney can help you fight any problems you might have relating to Veh.C. 23152 et seq. This statute governs offenses involving alcohol and drugs, including drunk driving or driving under the influence (DUI).

It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. 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.

A domestic violence lawyer will educate you that blood alcohol is determined by 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. This is very important information when it comes to determining if in fact a person is under the influence or not. Having a forensic analysis of the blood alohol is important if one wants to fight a driving under the influence case. Remember there is a connection with driving under the influence and committing a domestic violence action upon a love one that might be in the car. Also it applies to children who might be in the car or nearby and the driver gets into an accident as well. However, this is another discussion and involves different laws.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more. This is important because in order to fight the DUI you need to rebut the presumption that in fact you were under the influence. This goes to a burden of proof the criminal justice system created so that the court can decide if you are inebriated or not.

At the Orange County Law Office of David P Schwarz we will explain to you the laws of driving under the influence. “Under the influence,” for purposes of driving under the influence, means that drugs have so far affected nervous system, brain, or muscles as to impair to appreciable degree the ability to operate vehicle in manner like that of ordinary prudent person. Again the law is clear that you must be able to drive a car without some sort of impairment or disability with your driving skills.

A domestic violence attorney will explain to you a “Drug” means “any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle.

At the Orange County Law Office of David P Schwarz we will defend you against any domestic violence driving under the influence charges. Please contact our office for a consultation at 949-735-9266 or via the web. We can also be reached at dpslaw66@gmail.com.

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