From the moment that a driver gets behind a wheel, they are required to stay within the bounds of the countless traffic codes that have been put in place to keep everyone on and off the road safe. This includes the laws that entail the consumption of alcohol that will impair a driver's ability to operate a vehicle. With California continuing its trend of arresting and convicting drivers of DUIs at an alarming rate though, it will not take much for even the most cautious of drivers to receive one of these severe tickets. This is why everyone that possesses a license should understand the laws involving a DUI, the penalties that will come along with a conviction, and the proper steps that should be taken to legally protect oneself after being charged with one of these misdemeanors or felonies.
Within the state of California, the legal limit for alcohol within one's system is .08 percent. This means that all drivers that are chemically tested with a.08 percent BAC will be arrested and formally charged with a DUI on the spot. There are variations to this law however, including commercial drivers and drivers that are under the age of 21. Commercial drivers cannot be tested with a BAC of .04 percent or higher, even if they are driving their private vehicle. Underage drivers cannot be discovered with any amount of measurable alcohol in their system or they will be right away arrested and charged with a DUI.
During the driver's arrest, the law enforcement officer must have probable cause to chemically test the driver. These causes could include the smell of alcohol, slurred speech, erratic driving, aggressiveness, or failing any amount of field sobriety tests. Once this has been determined, the driver is legally obligated to be chemically tested through blood, breath, or urine. Any driver that refuses this test will have their license suspended for a minimum of one year.
After the driver has been formally charged with a DUI, they will be detained and their car may be impounded. They will then have just 10 days to ask for their DMV administrative hearing and contact their traffic attorney. These two steps are important when it comes to building a solid legal case. For drivers that fail to take these steps and do receive a conviction, they will be confronting a number of penalties such as $15,000 in overall costs to months of sobriety classes and Sheriff work programs.
All drivers are innocent until found guilty, and that is why anyone that has recently been arrested and charged with a DUI should contact their local attorney immediately to discuss what options may be offered to them to protect their license and their record.
Author Resource:
Visit DUIAttorneySantaMonicaCA.com to learn more about DUI charges in California and how our Santa Monica DUI lawyer can help.
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