In California, the laws regarding D.U.I. are found in two basic code sections, Vehicle Code Sections 23152(a) and 23152(b).  The reason that two code sections are necessary (note that there actually are several D.U.I. related laws dealing with injuries, multiple offenses, felony charges, etc.) is that a D.U.I. charge can be filed not only when an individual's blood alcohol content (B.A.C.) is .08% alcohol by weight or greater (subdivision b) (the legal limit here in California) but also when the driving appeared to be affected in some way by alcohol consumption regardless of the B.A.C.  This morning, former Presidential candidate, Senator John Kerry's daughter was arrested in Los Angeles for driving under the influence.  The Senator seemed to question the charge as she apparently "blew" below the .08 threshold when she was administered the breathalyzer test.  Senator Kerry may have been unaware of the two applicable code sections and the fact that his daughter apparently failed her field sobriety tests (F.S.T.'s).  Having said that, D.U.I. cases can be difficult to prove in general.  And, when prosecutor's can only proceed on one of the two counts, the task of conviction becomes that much harder.  As such, it appears unlikely that either the District Attorney's Office or City Attorney's Office will charge Senator Kerry's daughter with a D.U.I.  This discussion truly embodies many interesting points in the prosecution and defene of D.U.I. cases.  As an experienced criminal defense attorney based in Southern California, I personally have handled literally hundreds of D.U.I. cases throughout Southern California - from Ventura County to Los Angeles County, the Inland Empire, Orange County, and San Diego County.  The  laws, rules, procedures, and requirements to properly defend someone accused of, or even someone who potentially may face charges for, D.U.I. are extensive,  complicated, and require the assistance of an expert criminal defense atorney.  For instance, did you know that if a Driver's Safety Office of the Department of Motor Vehicles (D.M.V.) is not contacted with necessary information within 10 days of a D.U.I. arrest, the person arrested likely will have their license suspended outright for one month, with an additional three month restriction?  The suspension may even be up to one year, in fact, for a second or subsequent D.U.I. conviction.  Ultimately, a D.U.I. must be defended aggresively and proactively not only in court but before the D.M.V. as well.  Keep in mind, a D.U.I. conviction stays on your D.M.V. record in California for 10 years.  And, what people forget, is that the D.M.V. has ultimate discretion over driver's licensing issues.  A top attorney must be familiar and should have a proven track record in court and at the D.M.V.  At Law Offices of Richard M. Sudar, we pride ourselves on our expert criminal defense / D.U.I. representation not only in court but in terms of the D.M.V. as well.  A D.U.I. can be embarrasing, expensive, and can tarnish your record and your reputation.  So if you or someone you know has been arrested for D.U.I., your first call should be to the Law Offices of Richard M. Sudar at (310) 277-4112.  You can also simply click here for immediate and unparalleled assistance.