When you go out with your friends for a night of drinking, you are probably careful to avoid drinking too much, so you do not get a DUI charge. Or, if you know you have had too much to drink, you might rely on a sober friend, taxi or Uber to take you home. What about so-called “buzzed driving,” when you are under California’s legal blood alcohol content limit of 0.08 percent? At the law offices of Leupp & Woodall, this is a question we are familiar with.
If you are a California driver charged with DUI, you should be aware of the serious penalties you face if you are convicted. As the California Department of Motor Vehicles explains, you are deemed by law to have consented to breath, blood and urine tests to determine your blood alcohol content. The law enforcement officer who pulls you over can require you to take a preliminary alcohol screening and/or a breath test. You have no right to request legal counsel before either test. Should your BAC be 0.08 percent or higher, he or she can arrest you, suspend your driver’s license and issue you a temporary 30-day license.
When pulling someone over for suspected drunk driving in California, law enforcement will likely ask that driver to submit to a chemical test of his or her blood. This will typically determine the level of impairment, which would then determine if the driver will be under arrest. A driver technically has the right to refuse to comply with this test.
All California residents understand that they shouldn't drink and drive. However, that doesn't mean it never happens. If a person has been drinking and is pulled over for whatever reason, they'll need to know how to handle the situation properly.
As a resident in California who has been convicted of a DUI, it's possible that you may have to deal with an ignition interlock device. Many people including yourself may know the basics of these devices, or at least what their main purpose is, but what are the finer details? Just how do they work?
When California drivers go out for a night on the town, many use Uber or Lyft to keep themselves from driving drunk. However, numerous studies disagree about whether or not ride-sharing services can take credit for lowering drunk driving rates.
Although few would say that California goes easy on drunk drivers, some groups are pushing for even stricter punishments. As LA Weekly reports, California ranked in the top ten for severe consequences for drunk drivers when it comes to raising insurance premiums, license suspension and jail time after a conviction. But with new reports saying that a third of all traffic deaths are due to drunk driving, the group Mothers Against Drunk Driving is fighting for even harsher penalties.
If you have been arrested for suspected drunk driving in California, you will want to understand the various penalties and processes that you must navigate. This can be very confusing because there are two primary entities involved in these. First, the courts will be responsible for any criminal accusations and consequences. Secondly, the California Department of Motor Vehicles has responsibility for administrative penalties related to your driving privileges.
If you are wondering about how officers determine a driver's intoxication level during a drunk driving arrest process in California, you are not alone. In fact, because enjoying a beer or glass of wine is so common at social gatherings, anyone who has even one beverage and then drives home should understand these things.
California drivers like you know the numbers to avoid if you don't want to get a DUI. However, measuring blood alcohol content (or BAC) might not actually be the best way to determine whether or not you're okay to get behind the wheel of a vehicle.