Because of that the chances of one getting pulled over for the suspicion of driving while under the influence is high.
Here is an overview of DUI law and the penalties in California and how a lawyer can help if you are ever charged with a DUI.
In California, a driver is charged with a DUI if he or she has a blood alcohol content (BAC) of 0.
08% or greater at the time of the stop.
A police officer can prove this through a combination of a field sobriety and chemical blood tests.
Your specific BAC level may determine the consequences of your DUI arrest.
A driver under age 21 with as much as 0.
01% BAC may also be cited for a DUI.
1st, 2nd, and 3rd Offense California law distinguishes between the number of times that you have been convicted of a DUI.
The legal consequences increase in proportion to the frequency of your charges and also whether it is a misdemeanor or a felony DUI.
In other words, a skilled criminal defense attorney will be less able to negotiation a favorable plea agreement for a third time or felony offender than he or she will for someone who made the mistake to drive drunk for the first time.
Overview of Misdemeanor DUI Penalties in California First Offense: - $390 up to $1800 fines - Between 48 hours to six months in a County Jail - Up to nine month of alcohol programs - Up to six months of driver license suspension Second Offense: - 96 hours to one year in a county jail - $390 to $1000 in fines - Summary probation for three to five years - Up to two years of ones driver's license being suspended Third Offense: - A minimum of 120 days up to one year in a county jail - Three years of driver's license revocation - $390 to $1000 in fines - Five of an informal probation When in Doubt: Plead Not Guilty It may seem counterintuitive to plead not guilty at your first arraignment hearing, but doing so gives you the most leverage throughout the DUI defense process.
If you do not have a defense attorney by your side during your first hearing, a not guilty plea also buys you time to hire a lawyer and begin negotiating with the city prosecutor to lessen your charges.
Know Your Rights The Fourth Amendment protects you from unreasonable searches and seizures.
Specifically, this means that the police must have a valid search warrant, an arrest warrant, or reason to believe that you are committing a crime when they pull you over.
If you are ever arrested, you must be read your Miranda rights.
These notify you that you have the right to remain silent and opt out of making any incriminating statements.
Contact An Experienced Criminal Defense Law Firm For Best Representation If you were pulled over and charged for a DUI in California, know that you are not alone.
An experienced DUI defense attorney can help reduce your charges and generally minimize the negative consequences of this arrest.
According to a Southern California DUI attorney Abby Erbz, one of the top reasons while people ending up having DUI convictions is that they do not seek an experienced lawyer help instead they try to fight fight the charges alone or by hiring a cheap attorney.
By contacting a Criminal DUI defense law firm you can minimize the effects of DUI charges and arrests.
The law firm you choose should know the law and how to make the best of a bad situation.
Most driving while under the influence law offices offer Free Consultation.