subject: What Constitutes Driving Drunk In California? [print this page] In California, the charge of operating an automobile while being impaired by alcohol or driving under the influence (DUI) is a serious offense that will have long-lasting ramifications and implications for your life. When you discover yourself to be faced with a Dui charge in California then it is essential to speak to a knowledgeable DUI lawyer as early as you can so that you can begin a good DUI defense. It is important to know what constitutes drunk driving within the state of California so that you can determine what you're facing.
Facing a DUI Conviction in California
In California, receiving a DUI conviction can occur in one of two ways. An individual can be guilty when he or she drives while intoxicated by alcohol, or they can be guilty if they have a blood alcohol concentration which is 0.08% or more. The blood is tested through a BAC test, or blood alcohol concentration test. Yet another way that alcohol concentration can be established is by a breathalyzer test.
What's the Legal Standard for Driving Impaired?
If you're found guilty of driving impaired, then you will get a DUI conviction. In California, one is adjudged guilty of being impaired when that person is not able to manage a vehicle with the same degree of caution that the sober person of normal prudence would practice under similar or like circumstances.
In the second instance, it is up to the prosecution to prove that this accused individual possessed a BAC level of 0.08% or greater while they were operating a vehicle, and this DUI conviction is dependant on breathalyzer readings or maybe a BAC test. The prosecution must prove conclusively that the driver was above the legal limit at the time they were driving.
If either or the two of these instances is proved to be true, then you can be found guilty of DUI within the state of California. An experienced DUI attorney understands that the BAC test and the Breathalyzer test are utilized as evidence but aren't infallible. In fact, there are often individuals who are convicted of DUI wrongfully when a mistake has occurred in the testing. It is possible that the individual that administered the test didn't follow proper procedures. Or perhaps the collection method or even the test is flawed. You can get into a great deal of trouble when the smallest error alleges that your BAC level is above 0.08%. A great lawyer can vet these tests and also the individuals who administer them, making sure that you are not getting charged with something which could be disproven.
Your DUI Defense
You should not ever enter a guilty plea or confess to a DUI if you haven't first consulted with the lawyer. When your particular case does not satisfy the standard for driving impaired within the state of California then your lawyer may have the charge plead down to a smaller offense or thrown out.
It is vitally important that you speak to your DUI attorney immediately after your arrest to ensure that he can counsel you on the best action to take.
