Any time police make a driving under the influence, or DUI, stop they must have reasonable suspicion a driver committed a crime. If a police officer believes a driver committed a crime, the officer can briefly detain you and conduct a short investigation. If the officer notices other evidence of a DUI, the officer will probably request the driver to take field sobriety or Breathalyzer tests.
If you’re planning on drinking, also plan to designate a driver to take you where you want to go. Designating a sober person to drive is an important safety choice for those who want to enjoy drinking while out and about. Choosing a designated driver also has one major benefit. It protects you from getting arrested for driving under the influence, or DUI. Whether you’re partying at a local bar, or enjoying yourself at a restaurant, you know you’ll be drinking. So plan ahead of time to designate a driver to take you safely home. The Law Offices of Jonathan Franklin can’t stress that fact enough. Before you drink, plan to have someone sober drive you home.
Tip 1: Choose a Designated Driver Service
A driver convicted of driving under the influence, or DUI, may be required by California law to have an ignition interlock device installed on his or her vehicle under a pilot program with the DMV. An ignition interlock device, or IID, prevents a driver from starting his or her vehicle if the device detects alcohol on the breath. Either the criminal court or the Department of Motor Vehicles can order a DUI offender to install the IID.
You probably remember hearing the news reports on Thursday 23, 2014 when pop singer Justin Bieber was arrested in Miami. He was arrested in Miami, FL, for suspicion of driving under the influence, or DUI, after he was stopped while drag racing his rented Lamborghini. As a result, Bieber was charged with driving on an expired license and resisting arrest.
Why was Bieber Accused of Resisting Arrest?
If you’re facing a driving under the influence, or DUI, charge for the first time, you’re probably worried about the penalties you face. Remember, you haven’t been convicted of any DUI crime. If convicted of DUI, you face the possible penalties listed under California’s Vehicle Code 23536. The section portion of 23536 outlines the possible conditions of probation for a first-time DUI conviction.
The legal term BAC refers to blood alcohol concentration. BAC is a term used in driving under the influence, or DUI, cases to describe if a driver was above the legal alcohol intoxication limit. Across the country, the standard legal limit for driving under the influence is 0.08 percent. The reason it’s a percentage is because the intoxication level is based on a ratio of alcohol to blood.
Some states have degrees of intoxication. For example, for drivers under 21 years old the BAC level can be 0.00 percent, or zero tolerance.
A driving under the influence, or DUI, conviction can change a driver’s life forever. Whether a driver knows it or not, DUI consequences extend past probation, fines and time in jail. If you’re arrested for DUI in California, your chances of keeping and obtaining a job can be compromised.
The state allows employers—and potential employers—to see a person’s:
After a driver is arrested for driving under the influence, or DUI, two types of proceedings start. The first involves the California Department of Motor Vehicles, or DMV. The DMV automatically suspends a person’s driving privileges unless he or she schedules a hearing within 10 days. The second proceeding is a criminal court case. You may think the two procedures are the same, but they’re not.
A DMV hearing is not a criminal procedure and it is independent from your criminal case. It is an administrative hearing to determine whether or not you were driving with a .08 or more blood alcohol concentration level and that you were lawfully arrested. The hearing officer makes this determination after hearing the evidence.
The United States’ blood alcohol concentration, or BAC, level is 0.08 percent. For commercial drivers, the BAC limit is 0.04 percent. California has a different BAC limit for drivers under the age of 21 years old. It’s 0.00 percent. In other words, the state has a zero tolerance for underage drivers who choose to operate a vehicle while under the influence.
Exceeding the legal limit will result in a driving while under the influence of alcohol, or DUI, charge. BAC results can make or break a DUI case for a driver trying to fight the charge.
The blood alcohol concentration in a driver’s bloodstream is found in two ways: blood and breath tests. Under some circumstances, the law permits the police to use a urine sample as an alternative to the blood and breath tests. The urine, breath and blood tests are all referred to as chemical tests.