“Will I be able to beat my DUI charge?” As a DUI criminal attorney, I frequently hear that question from potential clients.
Every DUI charge is different. In many of the cases, the answer can be “yes.”
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.
How serious is a second driving under the influence, DUI, charge? In California, a second DUI conviction within 10 years may result in additional penalties.
Below is a comparison of penalties for a first time DUI conviction and second DUI conviction.
First Time DUI Conviction Penalties
Most driving under the influence, or DUI, cases are prosecuted as misdemeanor cases. Under certain circumstances, a driver may face a felony charge for driving under the influence. A DUI charge prosecuted as felony typically means that the driver will face much harsher penalties.
These penalties can include a mandatory minimum prison sentence. These harsher penalties for a DUI felony conviction also creates more long-term consequences for an individual. One particular burden involves finding employment.
In every state, a driving under the influence of alcohol and/ or drugs, or DUI, is punishable by jail time. Drivers also may receive probation, license suspension and mandatory DUI education. If a driver is convicted in California, Arizona, Tennessee or Georgia, he won’t always receive any type of mandatory jail time for a first-time DUI conviction. The general penalties for a first time DUI conviction are:
• Suspended license
• Jail time
• DUI School
Laws considered “per se” assume the individual is guilty of driving under the influence of alcohol, or DUI. However, they only presume guilt if the state can show that a person's blood alcohol concentration, or BAC, was 0.08 or higher. According to California law, it’s unlawful to operate a motor vehicle while under the influence of alcohol and/ or drugs.
It’s important to remember that an individual can be under the influence without being intoxicated.
You know what happens in California when someone is convicted of driving under the influence of alcohol, or DUI. The driver can be subjected to numerous penalties such as jail time, license suspension and fines. You may not know about the hidden costs of a DUI conviction.
Probably a police officer standing on the driver’s side of a parked car, truck, or SUV. According to California law, the image of a driver stopped for DUI should include a bike. Yes, the state subjects bicycles to the same traffic laws and restrictions as a passenger vehicle.
A Driver Can be Charged with DUI While Riding a Bike According to California Vehicle Code 21200.5
Here is a scary fact for a woman. DUI Breathalyzers in California may not always give accurate measurements of a female’s blood alcohol concentration, or BAC. A female may have a BAC of 0.07 percent, which is below the legal limit of 0.08 percent. She may still test 0.10 percent higher on a California Breathalyzer test.
Police are everywhere in Los Angeles County. All of the officers are looking to arrest anyone driving under the influence of alcohol and/ or drugs. In fact, some jurisdictions in California have an entire task force devoted to catching drunk drivers. That’s why it’s important to know how to conduct yourself during a traffic stop or at a DUI checkpoint.