What Constitutes Driving Drunk in California?

Posted by The Popular News Today on Thursday, January 26, 2012

By Fiona Baron


In California, the charge of operating an automobile while being impaired by alcohol or driving under the influence (DUI) is a serious offense which could have long-lasting ramifications and implications on your life. If you have been arrested for DUI in California, you should contact a competent Sacramento DUI lawyer at the earliest opportunity to get the "ball rolling" on a very good DUI defense for your particular case. Understanding what constitutes driving under the influence in California is key to understanding what you're up against.

Dealing With a DUI Conviction in California

If you are in the state of California, you can get a DUI conviction in two different ways. The individual can be found guilty of driving once they were intoxicated by alcohol, or they can be found guilty of possessing a blood alcohol concentration of 0.08% or greater, within their body. A BAC test comes by blood testing. A breathalyzer can also be used to ascertain alcohol concentration.

What's the Legal Standard for Driving Impaired?

If you're found guilty of driving impaired, then you will receive a DUI conviction. In California, an individual is adjudged guilty of being impaired when that individual is unable to manage a vehicle with the same degree of caution that the sober person of normal prudence would practice under similar or like circumstances.

Within the second instance, it is the responsibility of the prosecution to prove that this accused individual possessed a BAC level of 0.08% or greater when they were operating an automobile, and this DUI conviction is based on breathalyzer readings or possibly a BAC test. The prosecution must prove the driver was above the legal limit whenever they were driving, plus they must prove it conclusively.

If either or the two of these instances is confirmed to be true, you may be convicted of DUI in the state of California. An expert Sacramento DUI attorney understands that the BAC test and the Breathalyzer test are used as evidence but are not infallible. In truth, there are lots of people who are found guilty of DUI wrongfully after a mistake occurs in their testing. Perhaps the person giving the test doesn't adhere to the proper procedure. Or it could be that the collection process or the test itself is flawed. The slightest, most insignificant error could cause a person a whole world of trouble when it's alleged that the BAC level is above 0.08%. A great lawyer can vet these tests and also the individuals who administer them, making sure that you're not getting charged with a thing that can be disproven.

Your DUI Defense

It is crucial that you never confess or enter a guilty plea to your DUI unless you have consulted with the lawyer first. If your case doesn't meet the standard for impaired driving within the state of California, your lawyer may have the case thrown out or perhaps get the charge plead down to a smaller offense.

It is important to contact your Sacramento DUI attorney as quickly as possible after your arrest so that he is able to assist to start your defense.




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