Saturday, November 12, 2011

Attorney's simple overview of the 2 separate DUI and .08% BAC charges in California

California features 2 dimensions in a DUI situation.

1) The DUI charge asks whether the driver was under the influence of alcohol and/or drugs. Was he or she impaired to safely operate an automobile with the caution characteristic of a sober person. The driver is evaluated at the time of the stop.

How does this charge play out? Well, police tend to look for the driver’s poor, unusual or irregular driving maneuvers, any failure to perfectly perform field sobriety exercises, the smell of alcoholic beverage on the driver's breath, and physical appearance in his or her body which allegedly may be tied to impairment.

DUI lawyers counter with the things the driver did right while driving, the things done correctly on the acrobatics and gymnastics, the smell being consistent with recent ingestion of alcohol and a possible rising blood alcohol level (lower at time of driving - higher at time of test), and other physical explanations as to purported signs or symptoms which are normal or non-DUI related.


2) The chemical test charge. This is not about impairment. It's about a number or estimate of the driver's BAC. The attorney prosecutor must show the driver's blood alcohol concentration was at or exceeded California's legal limit of .08%

DUI laws in California are the strictest in the United States. DUI convictions cause months, decades, or even a lifetime of adverse ramifications. California DUI laws are so complicated. The number of variables and legal issues in a DUI case appear limitless.

California's DUI criminal defense attorneys should have a proper legal education and fundamental application vis a vis practical experience in testing and defending California’s DUI laws.

Obviously retaining a California DUI criminal defense lawyer is a priority upon being arrested for DUI. Internet, worldwide web research on Google, Yelp, and Avvo are fairly critical in one's decision. Reviews are helpful.

Professional drunk driving lawyers constantly preserve rights in light of intricacies of DUI law. You need one for a proper defense, plain and simple.