DUI, or driving under the influence, is a very serious offense that can result in devastating lifelong consequences. California is a state with “per se” laws, which means that, if you are driving with a blood-alcohol concentration of .08 percent or above, you are legally intoxicated regardless of how you feel or your level of impairment. These laws make it easier for a prosecutor to establish illegal impairment without much evaluation at the time of arrest, which is why having an attorney with experience both prosecuting and defending DUIs in a per se state such as California is to your advantage.
Penalties for a DUI include a minimum license suspension or revocation of 6 months for a first offense, 2 years for a second offense, and up to 10 years for a third offense. In addition, you will be required to attend mandatory alcohol education (“DUI School”), assessment, and treatment. Your vehicle may also be confiscated or you may have to submit to an ignition interlock device that will only allow your car to be started if you pass a breathalyzer test
In certain situations, you may be charged with aggravated DUI, which carries much more severe penalties than a normal DUI—for example, if your blood alcohol concentration is at or above 0.16 percent, minors are present in the vehicle, you have previous DUI convictions, your license has been suspended or a revoked, or if you are driving excessively fast when you are pulled over.
Vehicular manslaughter is a homicide charge that occurs when negligent driving (such as under the influence of alcohol or drugs) results in the death of another person. In California, vehicular manslaughter can be charged on four different levels, depending on the circumstances: vehicular manslaughter, vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or second degree murder.
Prosecutors often push for a charge that may not be justified, such as when external conditions contribute to the accident, which is why an attorney who has had outstanding successes on both sides of these cases can fight for you most effectively. Mr. Rosenblum approaches each case with a very personal sense of integrity and dedication that always results in the best possible outcome for you.