Reader’s Question:
I know some people who have been arrested for DUI here in Alameda, California and some of them claim that they are innocent. How would a police officer claim that a driver is under the influence?
Hope
Alameda, CA
In a DUI investigation in Alameda, California, the police officer usually claims that the DUI suspect “performed poorly” or “failed” the field sobriety tests and the handheld breath test indicates that the driver’s blood alcohol level was above the legal limit. Based on this, the officer would “form an opinion” that the driver is under the influence or the driver’s ability to drive a motor vehicle safely is impaired. After this, the officer would arrest the driver and take him/her to the police station (or hospital) for a chemical test.
The driver suspected for DUI would choose between a breath test and a blood test. The state of California has an “Implied Consent Law” that says that a person who is arrested lawfully for DUI should submit to one of these tests. A refusal could subject the DUI suspect to stiffer court penalties and possibly a one-year (or longer) driver’s license suspension. If the driver chooses a blood test, the blood sample would be forwarded to a crime lab for analysis. If he/she chooses a breath test, the officer would see the blood alcohol content reading immediately after the driver blows twice into the breath test machine. The officer sometimes tells the DUI suspect of the result, sometimes not.
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Reader’s Question:
We badly need help in my sister’s DUI case here in Los Angeles, California. What we need to know is that, if she gets convicted for her first DUI offense, what are the possible penalties?
Mac
Los Angeles, CA
You and your family might be going through a tough time right now because of your sister’s DUI charge in Los Angeles, California. We certainly hope that she gets out of this as soon as possible. But if she gets convicted for DUI, I would certainly give you an idea as to what penalties she might get. Since this is her first DUI offense, she can have up to six months of jail time. After adding mandatory fees and assessments, the fines would be about $1500 but it could vary slightly from different jurisdictions. The court could also impose a license suspension of up to six months depending upon the circumstances and this would be separate from the automatic DMV administrative suspension of four months.
Aside from the aforementioned penalties, there would also be a requirement to attend a state-approved DUI school for three months as a condition of probation and to get the license back. The number of months could be increased if the blood alcohol level is high. In general, probation runs for three years in most cases. Community service, alcoholics anonymous meetings, attendance at victim impact panels and/or an ignition interlock device installation may be required by some courts.
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Reader’s Question:
If I try to run around to sober me up first before driving, will I be safe in taking a breath test for a DWI arrest in California if in case I was caught by a policeman? How long after consuming an alcoholic drink can they detect it with a breath tester?
Samuel.
Bakersfield, CA
As we know, alcohol does not remain in the blood long enough for most tests to detect recent use. That is why breathalyzers and oral fluid tests are now being commonly used by law enforcement officers in California to easily and conveniently detect current use of alcohol on a DWI subject. Exercising won’t help you sober up faster after drinking too much alcohol. Thus, it will not be safe but it will just be tiring for you if you do that.
Detection of alcohol with a breath tester, depends on how much the person had to drink, and how long ago they drank. Alcohol is eliminated in the body at the constant rate of about .015% BAC per hour, that is about one drink per hour. If a person had only one drink, the maximum intoxication level they might have would be about .02%. This means that within one hour, their alcohol level would possibly be about zero. On the other hand, if a person had an alcohol level twice the legal limit for drunk driving in most states, for example, .20%, it would take13 hours or more for their alcohol level to reach zero after they stopped drinking. Breath alcohol testers measures blood alcohol level, which is an actual measure of intoxication. Therefore, a person who is not intoxicated has no alcohol in their bloodstream, and a breath alcohol test will provide a negative result.
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Reader’s Question:
I have never been charged with DUI because I actually don’t drink and drive. My boyfriend usually does that when he is out with his friends. What are the risks of being charged of DUI here in California?
Jamie
Anaheim, CA
DUI is a criminal offense that we all should take seriously. Law Enforcement Officers, Prosecutors and Judges are not looking out for an individual’s best interests when he/she is charged with DUI. They are actually under tremendous pressure from their superiors to make more arrests, get more convictions and hand out stiffer penalties.
If someone is charged with DUI, or convicted, there are a lot of things that could be at risk. A DUI conviction may mean jail time, a criminal record, loss of driver’s license, possible loss of job, hefty fines, increased insurance rates, required dependency treatment, points against driver’s license, surcharges, etc.
In the state of California, operating a motor vehicle while under the influence of alcohol or controlled substances is against the law. This means that if someone is caught driving under the influence, he/she will face criminal charges that have serious consequences. In worse case scenarios like if the individual has an extreme blood alcohol level or if he/she has prior convictions for this type of offense, the penalties will increase substantially. Because DUI may take away an individual’s freedom, his/her driving privileges, and his/her good reputation, if your boyfriend will be charged with DUI, he needs to contact a California DUI lawyer immediately after the arrest.
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Reader’s Question:
I have been living here in San Diego, California almost all my life. We cannot avoid sometimes that after partying the whole night, we need to drive ourselves home with a little alcohol in our system. I know some people who have already been charged with DUI, most of them don’t get away with the tough penalties. But just in case, how can I be arrested for DUI?
Alice
San Diego, CA
Living in San Diego, California could mean a busy life. But sometimes, you can get away with it by having a party with some drinks. If you really can’t avoid drinking and driving on those occasions, it would be unfortunate if you get caught and charged with DUI.
A person is charged with DUI if he/she exceeds the legal limit of .08% blood alcohol content (BAC). Usually, the BAC of the person accused of DUI is used to determine guilt. In California, an arrest for DUI can be made at any blood alcohol level. Some counties routinely prosecute people with BAC levels below .08%. More often, the decision of the patrol officer to arrest drivers depends upon the performance on the field sobriety tests (FST) and the driving pattern (speeding, weaving, an accident, etc). A police officer could arrest for simply being under the influence of alcohol or drugs with no reference to the driver’s BAC level at all. The District Attorney would then file a 23152(a) CVC charge, which is simply DUI. Again, this will likely be based on the police officer’s observations of your driving pattern and performance on FST.
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While I am of the opinion that you should be hiring an CA DUI lawyer in any kind of circumstance, I must admit that some people have fewer options and so, unless they are provided with a public defender, then they must rank their circumstances to see whether a DUI lawyer is absolutely necessary for them, because there are some cases where you are basically out of luck without a lawyer, whereas there are others where you can squeeze by without them.
Being convicted criminally for the DUI could impede your chances of getting hired at a job, or if the job you currently hold requires bonding, or if the conviction could get you fired. You need someone who can explain the ins and outs of DUI law to you.
This is DUI charge number two for you. You had twice the normal blood alcohol level when pulled over. A minor was with you.
This is DUI charge number three or above for you. Your DUI charge is the result of a serious accident. You are someone whose job requires driving, such as a taxi driver.
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