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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Reader’s Question:
I’m so scared because this is the first time that I was charged with DUI. I need help as to what consequences I will be facing for having this violation in the State of California? Should I get a lawyer?
Renee
Los, Angeles, CA
First, let me educate you that drinking and driving are two things that should never be combined. Everyone should be practicing not to drive drunk. There are a lot of consequences you may be facing with your drunk driving charge in California. Here are some facts about drinking and driving laws in California.
You may be charged with one of two things if you get an California DUI:
First statue is that an officer can arrest you if he determines you are impaired due to alcohol or drugs. The 2nd statue you can be charged on is your BAC or blood alcohol content. Some consequences of a California DUI may include, but are not limited to fines of up to $1300, jail time, offender school, work programs and probation of up to 5 years.
But be scared no more. A good DUI lawyer in California can definitely get you out of trouble.
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Once you realize that you will be charged with driving under the influence of alcohol or drugs, it is time for you to seriously consider hiring on a Santa Ana California DUI lawyer. Even if your chances look pretty bad, it’s still possible that a lawyer can help get your charges lightened up. Even beyond just that, there are many ways that a lawyer can help you.
For the same reason you don’t go asking for legal advice on an internet game forum, you shouldn’t rely just on the information you, as a non lawyer, are able to dredge up from the internet and the library. Getting a free consultation with a Santa Ana California DUI lawyer can open your mind up to what DUI law is and how it can be applied to your particularsituation.
If you hand your case over to a lawyer, then your own responsibilities drop significantly, and all you have to do is communicate your knowledge and show up, essentially.
Most importantly, your lawyer can represent you for your reasons and knows what is most likely to get you a better punishment.
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Even though having a California DUI attorney is very helpful and the most certain way for you to see a good (or not so bad) outcome for your DUI case, there are some cases which, while still recommendable, you may be able to squeeze into a good solution on your own with a lot of hard work. However, if your problem is price, remember that there are many experienced DUI lawyers which have low rates or who will work with you on a payment plan.
If you meet one of the following criteria, you probably need a California DUI attorney.
- This is your second case for driving under the influence of alcohol or drugs. Because you’ve already gotten in trouble for this before, you are less likely to be given any slack and will have to fight very hard.
- You were exceptionally intoxicated at the time of your test. If your blood alcohol limit was twice the limit which is legal to drive in the state of California, then your consequences are heavier.
- While you were driving drunk, there was a minor in the car with you.
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