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 was once a victim of drunk driving here in Sacramento, California. I was so upset because the suspect did not show up in court for trial. The suspect now has an outstanding warrant for his arrest. I was told by a friend that information about DUI suspects in Sacramento are already being posted online. Is this true? How can that website work for us?
Janice
Sacramento, CA
It’s true. Outstanding DUI suspects in Sacramento, California are now having their mug shots posted online in an attempt to stir action from the community and bring them to justice. The Sacramento County District Attorney’s Office recently posted the descriptions and pictures of 17 California DUI suspects who have either failed to show up in court or repeat offenders and face a variety of misdemeanor and felony charges.
A DUI investigator in Sacramento County said that the idea of this DUI program is to involve the community in nabbing wanted DUI suspects. Whether another person who has some grudge against the wanted individual or someone who is looking to do the right thing and turn a suspect in, the DUI investigator added that each suspect that is brought to justice via this collaborative Sacramento DUI program would represent one less dangerous person on the road and at least one life saved.
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Reader’s Question:
HI. I have DUI conviction and I just want to know what a DMV “APS Hearing” is in San Francisco California?
Richard
Thank you for asking Richard.
In addition to court proceedings that involve your DUI defense, a California DUI arrest will also triggers the Department of Motor Vehicle (DMV) administrative action to suspend or revoked your privilege to operate a vehicle. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV’s attempt to revoked or suspend your driver’s license. It is important that you contact your DUI lawyer within ten (10) days of your arrest to obtain a hearing for you with the DMV. Your California DUI lawyer will advise you of the issues to be addressed at the hearing and will assist you using all of his skill and experience as San Francisco DUI defense lawyer there to protect your privilege to operate a vehicle. Your lawyer may be able to present your case solely upon the written documentation in your case, but sometimes it may be necessary for witnesses to testify, including yourself, the arresting officer and our blood alcohol expert.
MariCAR
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