DUI or Driving Under the Influence is just one of the names for a violation while driving under alcohol intoxication. Another term or name for this is Driving While Intoxicated (DWI). Under California law, driving while intoxicated is a very serious violation and crime and depending on the state or local law, can result in jail time.
If you are facing DUI charges, it is very important to call your trusted DUI Lawyer in Alameda, to help represent your case. Although the authorities have their mandatory steps or legal process to measure the intoxication level, you still have the right to proper defense and legal representation.
Ignoring the charges against you might result in a long-term negative impact on your criminal record and also your driving record. Make sure to work with the best DUI defense attorney to defend you.
In this article, we’re going through the basics of DUI and why you need a DUI defense lawyer to help you with your case.
- What is DUI or Driving Under the Influence?
- Facing DUI charges?
- What to Do During an Arrest?
- Start Working with Your Case, Call Us Now!
Under the California Vehicle Code Section 23152 and 23153 – it is unlawful for any person driving or operating a motor vehicle to be under the influence of alcohol and/or drugs. Under the code section, it will be considered a violation to drive if a person has 0.08 percent or more alcohol in his/her blood while driving.
To prove that the driver is under any alcohol or drugs, certain steps or methods are conducted to test the driver’s sobriety. Failure to comply can result in much more serious penalties. DUI prosecutors must also prove certain elements and proof that the driver is under the influence beyond a reasonable doubt – to prosecute you.
Determining Intoxication Levels
Determining intoxication levels vary by the local state. The law enforcer might pull you over if they notice that your driving suggests intoxication. These can be seen if you’re swerving in and out of your lanes, or probably for going beyond the recommended speed limit. Police authorities also have different methods to check for intoxication levels by:
- Making you walk in a straight line
- Standing on one leg
- Using a breathalyzer to measure the alcohol percentage on your system.
- Subjecting you to a blood alcohol test to determine the exact level of intoxicants and find out which intoxicant is on your system
Depending on which state, sometimes the police authority will do either one of the four, or make you undergo all the necessary procedures. If you are asked to do one of these steps, it is important to abide by the authority because refusing a field sobriety test can result in much more complicated charges and even more severe penalties.
However, for the prosecutor to charge you with DUI, they must provide proof beyond a reasonable doubt that the conducted sobriety test is accurate and prove that the defendant has been driving.
It is very important to immediately contact our DUI Defense attorneys in Alameda to help you with your case if you are facing these charges. Your lawyer will help analyze your case and look for loopholes or errors during the procedure to make sure that rights are not being stepped on.
Punishments for DUI
Punishments or consequences for DUI vary dependently on state and local laws. Some can be charged civil cases while others can be charged both civil and criminal cases.
In most states, the first offense for a DUI charge is a misdemeanor. It is punishable by fines or may also involve possible jail time for up to six months, depending on your state. Some states impose jail sentences for the first offense that may last for a few days to a few weeks. The law is mainly to discourage people from drunk driving. The higher the blood alcohol content found in the system, the longer you will spend time in jail. You may also be fined.
Bigger or more severe punishments involve fatal accidents that cause injury, destruction of property, and/or death of another person. In this case, even if you are a first-time offender, jail time of up to seven years is highly possible.
Aside from this, your revocation of your driver’s license over a certain amount of time is more likely a part of the punishment. The license suspension also varies on the case and might last for 90 days to several years, depending on the driver’s history and offense.
Under some specific circumstances, you might also need to undergo a mandatory completion of an alcohol or drug rehabilitation program and seminar. Others will also require you to do community services too.
By calling your trusted DUI defense attorney in Alameda, California, you can be sure that your case is being studied carefully. Your attorney will make sure that your legal rights have not been neglected during the process and the punishments or charges will be dropped or at the very least be minimized.
Driving under the influence of drugs and alcohol is strictly forbidden in California. Getting a DUI conviction leads to consequences that will greatly affect your life. If you’ve been charged with driving while impaired (DWI), don’t plead guilty without talking to a criminal defense attorney.