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subject: Factors That Lead To Dui Charges Or Arrest [print this page]


Every now and then, we see law enforcers make DUI arrests on the road and we wonder what really happens when one gets arrested for DUI violations.

A DUI violation may lead to arrest and jail time if you are not careful enough in your actions or you care less about the law. So if you happen to get arrested on DUI charges in Bakersfield, it is important to get the services of an experienced Bakersfield DUI attorney to protect your rights.

Driving under the influence (DUI) violations in California are governed by two different statutes. The first law applies to any person who is suspected to be driving under the influence and believed to be impaired more than a sober person. In this case, an officer can make judgement of one"s driving capabilities. If he feels that the person is impaired due to alcohol or drugs and his driving is not safe, he can be arrested for DUI.

Another way to be charged with DUI is based on one"s blood alcohol content (BAC). Under California law, any person who has a BAC of .08 percent or higher, can be arrested for DUI, even if he passes the field sobriety test or he is driving like any sober person.

Once arrested, a person automatically faces two separate lawsuits: a criminal case and another case in the Department of Motor Vehicles. Both cases may be considered serious offenses as these may both affect a person"s license to drive. The DMV case is more urgent since you only have ten days after the arrest to request for a hearing. If you fail to attend, you may lose your driving priveleges after 30 days.

The penalties imposed after a DUI arrest may vary depending on the situation related to the arrest. Generally, first time offenders face penalties ranging from fines to jail time. To get his license back a DUI offender must have to go to First Offender School and the time he has to spend in attendance is related to the percentage of BAC that he has during the arrest.

DUI violations may also lead to license suspensions by the DMV. First time offenders face four to six months suspension while second and third time offenders may get up to two years suspension of their licenses.

Recent amendment s in the law and changes in police procedure and technology make it difficult for anyone to put a DUI defense. In order to defend and protect your rights, you need to get the services of someone knowledgeable with California DUI law. To do this, you need to hire an expert Bakersfield DUI attorney who can help you defend your case and mitigate the penalties that the law may imposed on you.

by: Laverne Young




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