If you’re arrested for driving under the influence in the state of California, there is a lot of information you need to know if you’re going to win your case. One of the first things you should know is that you should hire an attorney who specializes in DUI defense so that you have the benefit of a qualified legal professional on your team. Having someone who is skilled in handling DUI cases can make all the difference between successfully defending yourself against the charges and having to spend time in jail or pay costly fines and penalties. Understanding California DUI law is an important first step in avoiding DUI in the first place so you don’t need a DUI attorney. If you are unable to avoid DUI charges, hiring a DUI attorney who is experienced in handling DUI defense should be your next step.
How to Win DUI in California – California DUI Law
The basic California DUI law is that it is illegal to drive while you are under the influence of any kind of alcohol or drug substance. Under this DUI law, you can be charged with a criminal offense and found to be under the influence. In California, it is also considered a misdemeanor to drive when your blood alcohol level is above .08%, which is the legal BAC limit in the state. If you’re stopped on suspicion of DUI, you will almost always be charged with violating BOTH laws. If you’re driving a tractor trailer or commercial vehicle, the BAC limit is 0.04%, which means driving after even having one or two drinks can be considered a crime. All of this can be very serious, so you should contact an attorney to find out how to win DUI in California.
How to Win DUI in California – Blood Alcohol Levels
The blood alcohol concentration is exactly what the term describes. BAC is the amount of alcohol that has become concentrated in the blood. If you are pulled over or stopped at a checkpoint, you may be asked to submit to chemical testing. Three types of tests are used to determine your blood alcohol concentration level if you are arrested. The first is a blood test, where a sample of your blood is analyzed to determine alcohol content. The second is a breath test. When a breath test is performed on you, you breathe into a device that measures the breath alcohol concentration of your breath. If neither of these tests is available, which is not usually the case, a urine sample can be taken. Refusal to submit to chemical testing can result in a license suspension of one year, even if you were not actually impaired or above the legal BAC limit.
How to Win DUI in California – Criminal Penalties
The penalties for a DUI conviction in California start with the first offense and increase as you accumulate additional convictions. For a first offense, you can be sentenced to 3 to 5 years of court probation, fines and court fees, 6-month license suspension, DUI education, and a mandatory sentence of 48 hours of jail time. A second offense can result in sentencing of 3 to 5 years of probation, 18-month suspension of driving privileges, DUI education, ignition interlock device installation, and a mandatory sentence of 96 hours of jail time. A third offense is more serious can result in four months to one year in jail, 3 to 5 years of probation, 3-year license suspension, fines and court costs, and DUI education. Having a California DUI attorney on your defense team can help you minimize these penalties if he or she speaks on your behalf prior to sentencing.
How to Win DUI in California – Choosing an Attorney
Choosing an attorney is one of the most important steps you will take when you are arrested for driving under the influence in California. Because it is a criminal offense, you will need someone who is highly qualified and has a great deal of experience so that you have the best chance of winning your case. Most DUI attorneys offer a free initial consultation so that you can find out what it will be like to work with them before you commit. Once you’ve selected an attorney, you’ll need to pay a retainer fee so that the attorney can commit to working with you. Your attorney will help you prepare for your case and will represent you at any court proceedings. This help is valuable, so be sure to hire an attorney as soon as possible after your arrest.