What Indicates Drunk Driving in California?
January 26th, 2012If you’re caught driving under the influence of alcohol (DUI) within the state of California, you should be aware that it’s a serious offence and it may have long-lasting effects upon your life. When you end up up against a Dui charge in California then it is essential that you speak to a knowledgeable Sacramento DUI lawyer when you first can to be able to get started on a good DUI defense. It is important to understand what constitutes driving drunk in the state of California so that you can determine what you are up against.
Driving Under the Influence Conviction in California
If you are in the state of California, you can get a DUI conviction in two different ways. An individual can be guilty when she or he drives while intoxicated by alcohol, or they may be guilty if they have a blood alcohol concentration which is 0.08% or higher. A BAC test comes by blood testing. A breathalyzer can also be used to determine alcohol concentration.
What’s the Legal Standard for Driving Impaired?
Under the first instance, driving under the influence conviction can result from being found guilty of driving impaired. Within the state of California, if a person is not able to manage a motorized vehicle with the same level of caution that any sober person having normal prudence would practice under similar circumstances, he then can be found guilty of being impaired.
Within the second instance, it’s up to the prosecution to prove that this accused individual had a BAC amount of 0.08% or greater while they were operating an automobile, and this DUI conviction is founded on breathalyzer readings or maybe a BAC test. The prosecution must prove conclusively that the driver was over the legal limit at the time that they were driving.
If either or the two of these instances is confirmed to be true, you may be convicted of DUI in the state of California. An expert Sacramento DUI attorney understands that the BAC test and the Breathalyzer test are used as evidence but are not infallible. In truth, there are lots of people who are found guilty of DUI wrongfully after a mistake occurs in their testing. Perhaps the person giving the test doesn’t adhere to the proper procedure. Or it could be that the collection process or the test itself is flawed. The slightest, most insignificant error could cause a person a whole world of trouble when it’s alleged that the BAC level is above 0.08%. A great lawyer can vet these tests and also the individuals who administer them, making sure that you’re not getting charged with a thing that can be disproven.
The DUI Defense
You should not ever enter a guilty plea or confess to a DUI if you have not first consulted together with your lawyer. If your particular case does not satisfy the standard for driving impaired in the state of California your lawyer may have the charge plead down to a lower offense or thrown out.
You should speak to your Sacramento DUI attorney as soon as possible after your arrest in order that he is able to help to start your defense.
If you are looking for a great Sacramento DUI lawyer who can help you get through a DUI arrest, then look into the Law Offices of Brianne Doyle. Visit her website or give her a call at 916-806-6400. She’s a skilled Sacramento criminal defense attorney and can give you the good legal counsel you need.
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Tags: DUI California, DUI California first offense, DUI laws in California, Legal
