If you are accused of a DUI / DWI charge and you are in California then consider yourself to be in real trouble, it is enough to turn you live life around. Moreover if you do not know what to do immediately, you may lose the driver’s license forever. So you must be aware of your rights and you also know the whole process which you may face you you are accused of such a charge. A professional criminal defense attorney having experience in protecting the rights of DUI / DWI clients can protect the rights and can prevent any sort of unjust charge or accusation.
If you are arrested you are supposed to take a blood, breath or urine test. You must also know facts and figures which may cause trouble for you if you are found with more concentration then required in your body. The test is supposed to measures your blood alcohol concentration (BAC). Illegal limits are: * 0. 04% and above for taxi drivers and other commercial driver license (CDL) holders. * 0. 01% and above for those younger than 21 and those on probation for a DUI * 0. 08 and above for others.
DUI / DWI charge in California state results in a registration of a case in two separate departments: In court, and at the Department of Motor Vehicles (DMV). As far as seriousness is concerned, both cases are equally important but the later one is far more time-sensitive. The accused have only 10 days from the date of their DUI / DWI charge date to request a hearing with the DMV. Anyone who is arrested for DUI or DWI in California but fails to apply for hearing within 10 days should consider his or her driver’s license suspended automatically after 30 days following arrest.
The criminal case filed against California DUI / DWI defendants consists of two different statutes: California Vehicle Code Section 23152(A), and Vehicle Code Section 23152(B). The first one has a bit greater scope and you can be in violation of this section if you were under the influence of alcohol any kind of other drugs causing down your consciousness. It must be noted here that you can be below a 0. 08%, but still be impaired to the degree required within the meaning of Vehicle Code 23152(A). You can also be accused of having concentration above 0.
05% thus, even if you are below a 0. 08%, you may still be impaired within the meaning of the statute and, consequently, the government can still charge you with a DUI. This is the legal standard for being considered under the influence of alcohol or “DUI” in California courts. The second one, known as the “per se” charge, concentrates on whether the driver’s blood alcohol content (BAC) was . 08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed field sobriety tests with textbook precision doesn’t matter with this count.
It is a charge that is based purely on body chemistry. Any kind of punishment decided by the court in a California DUI / DWI case is separate from the penalties possible at the DMV. The California DMV will suspend the driver’s license for: * A minimum of four (4) months for a first-offense (1st) DUI / DWI and an arrest if the driver loses the hearing. * The suspension of driver’s license for one year for a second offense. * Two years for a third (3rd) offense. These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath.
In the case of a refusal, the DMV punishment is increased: a first-offense will trigger a one-year suspension with no opportunity for a restricted license. A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension. One must not do anything silly if faces such a situation, it may be considered as a separate crime; so if you are unlucky there, your driver’s license will be immediately suspended by the Department of Motor Vehicles.
On the other hand you must also be familiar with your rights as a citizen. DWI Enforcement officer cannot stop you without having a solid basis to believe that a law has been violated. Therefore if an officer stops the car just because he saw the driver walking out of a party or bar and get into the car, the DWI charge may be dismissed keeping in view the driver’s rights. As an officer is not illegible to stop you unless you violate a rule so you are supposed not to give them any chance to do so, if given them a choice, you are pushing yourself in trouble.
They will stop the vehicles with the most obvious violations. Speeding, failing to use signals, rolling through a stop sign or driving with burned out lights are common justifications for stopping a motorist. Most of these are controllable items or situations. Finally a bit funny advice and a tip, if the vehicle you want to drive is registered in the name of someone who has been convicted of drunk driving it would be wise to not drink and drive in that vehicle.
Police officers spend large amounts of time riding on around California streets reading license plate numbers into a central computer. When they find a vehicle licensed to someone convicted of drunk driving, especially late at night, they will always find an excuse to pull that car over. Now coming to the tip, police cars are equipped with video cameras for just this purpose to record things. However, police officers do not always turn the camera on. If you are not drunk and you are stopped by officer, just ask him if his car has a video camera and if he has it turned on.
If he does not have the camera turned on and you believe it would be advantageous to your defense, ask him to turn it on, that you want the stop recorded. This sends a message that you are not afraid to have your mannerisms and demeanor judged by an impartial judge or jury. It’s very difficult for a police officer to claim your “speech was slurred” or that you were “staggering” when you got out of the car when a video film shows a composed articulate defendant being interrogated on an unlit roadside by a uniformed, gun-toting agent of the law.