Free DUI Lawyer In California

Reader’s Question:

I’m afraid I may just be caught drunk driving here in West Covina, California because I don’t have anyone to drive me home everytime I go out to have some drink. Anyways, my question is, is it true that I can refuse to take the handheld breath test if I am stopped for DUI?

Rebecca

West Covina, CA

Before I go and answer your question, let me just tell you that you can definitely avoid to be caught drunk driving in West Covina, California. The safest way to do that is not to drink at all, but if you really can’t avoid it and you don’t have anyone to drive you home, you can take a cab to get home safe and sound and avoiding a criminal charge. Now, to answer your question, yes you can refuse the handheld breath test if you are stopped for DUI. Unless you are under 21 years old, submission to the Preliminary Alcohol Screening (PAS) is not legally required.

A lot of police agencies are now using the roadside hand held breath-testing device, PAS or more recently, Evidential Portable Alcohol System (EPAS) as an additional field sobriety test (FST). These devices are supposed to give a very rough indication of the driver’s blood alcohol concentration. The PAS units are very unreliable and primitive and are supposed to be used only to aid the officer in making a decision after he has given the other FST’s. But unfortunately, a lot of judges are permitting the results into evidence at DUI trial.

Reader’s Question:

Hi. My nephew was charged with DUI in California. I heard about this rising BAC defense. His lawyer advised him about this kind of defense. What does a rising BAC defense mean?

Sara

Salinas, CA

In California, it is against the law to have a high blood alcohol concentration while driving and not at the time the chemical test is administered. Many scientific studies show that it can take anywhere between 30 minutes to 3 hours for the alcohol to be absorbed into our system. That is why there is a possibility that a driver’s BAC could continue to rise after he was stopped and arrested.

There is approximately one hour between the time the driver is arrested and when a chemical test (urine, blood or breath) is administered. For example, the test result perhaps showed a .10% BAC. If the alcohol was still being absorbed into the driver’s system since the arrest, this could mean he only had a .07% blood alcohol concentration while he was driving. Although the test result showed an illegal BAC, the driver’s true BAC while driving was still legal.

Reader’s Question:

My cousin is in trial now because of a DUI charge in San Diego, California. He has been charged with this before and he mentioned something like a sentence enhancement which he said he was afraid of. He was not able to explain clearly what it is. Could you tell me what does it mean when there is a sentence enhancement?

Mark

San Diego, CA

The laws in the state of California require increased consequences when certain evidence exists. A list of more common cases, which must be alleged in the complaint, is found below.The highest occurrence is a prior conviction for a DUI within 10 years.

If there was any personal injury caused by the driver, the crime will be elevated to a felony. If a death occurs, the offenses could possibly be murder or manslaughter, when special circumstances exist.

The more common cases are as follows:

• The motorist was driving above 20 or 30 miles above the speed limit
• A child was present in the car or vehicle.
• There was a personal injury or property damage.
• The driver refused any chemical testing.
• The driver’s BAC (blood-alcohol concentration) was over .20%
• The driver is under 21 years old. (Zero tolerance laws in the state of
• California usually charge the suspect with a much longer license suspension and require a lower BAC.)

I hope I was able to make clear to you what sentence enhancement is.