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San Jose, CA DUI lawyer

It is illegal to drive while impaired by alcohol or drugs. In California, a blood-alcohol content of .08% is considered drunk driving. California’s drunk driving law is also a drugged driving law. If you are pulled over while driving in California, and an officer suspects you are under the influence of drugs or alcohol, the officer can legally require you to take a blood or urine test. The results of these tests can lead to a DUI arrest and possible conviction. 

If you face a DUI charge, it is critical to secure skilled legal representation from an experienced criminal defense lawyer who will fight for you.

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San Francisco DUi lawyer

In almost every state across the nation, .08 is the legal limit for an individual’s blood alcohol concentration when driving. Assembly Bill 1713, proposed by two California assembly members -- Democrat Autumn Burke and Republican Heath Flora -- would lower the legal BAC to .05. They say the reasoning behind the proposal is that drivers begin to show impairment well before reaching .08. If the bill passes, California will follow in the footsteps of Utah, where the .05 BAC standard was adopted in December 2018. If passed, the new law will result in many more DUI arrests each year.

How Many Drinks to 0.05 BAC?

According to the National Highway Traffic Safety Administration, women weighing 160 pounds may only need one drink before reaching .05, and a man weighing 180 pounds could get by with two drinks and still legally drive. At the current level of .08, most women can legally drive after two drinks and some men after as many as four.

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California DUI defense lawyerIt is never safe to drive after you have consumed any amount of alcohol, which is why all 50 states, including the District of Columbia and Puerto Rico, have passed laws making it illegal to drive with a blood-alcohol content (BAC) of more than .08. While there is a limit to how much alcohol can be in your system before it becomes illegal to drive, many states have also made it possible for you to be charged with a DUI, even if your BAC is less than .08. The National Highway Traffic Safety Administration (NHTSA) has reported that, in 2016 alone, there were 2,017 people killed in alcohol-related crashes involving drivers with BAC’s that were between .01 to .07.

BAC and the Effects on Your Abilities

.02: After your first drink, your BAC will likely be around.02. You will probably begin feeling slightly warm, relaxed, and in a good mood. Your judgment will be slightly impaired, and your ability to track moving targets and multitask will be affected.

.05: The effects of the previous level will still be apparent, but more exaggerated. Your sense of alertness may be lowered, and you may experience difficulty focusing your eyes, and even more lapse in judgment abilities. Your ability to drive will also be affected by reduced coordination, difficulty steering, and a reduced response to emergency situations.

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San Jose DUI defense attorney field sobriety testsWhen a police officer pulls someone over on suspicion of drunk driving, they will be looking for evidence of the driver’s impairment. In many cases, they may ask a driver to get out of their car and perform a series of field sobriety tests, and based on their observations during these tests, they may decide whether to arrest the driver for DUI. If you have been pulled over, it is important to understand your rights and possible defenses against field sobriety tests.

Standardized Field Sobriety Tests

The National Highway Traffic Safety Administration (NHTSA) has defined three Standardized Field Sobriety Tests that it recommends officers use:

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Avoiding a Drunk Driving Arrest on St. Patrick’s Day

San Jose drunk driving defense lawyer St. Patrick's DayWhether someone is of Irish heritage or not, St. Patrick’s Day provides a great opportunity to get together with friends and enjoy a night out on the town. However, the large number of people who consume alcohol during this holiday has resulted in a spike in drunk driving accidents and deaths. The National Highway Traffic Safety Administration (NHTSA) reported that between 2011 and 2015, there were 252 fatalities in car accidents involving drunk driving on St. Patrick’s Day. Due to the increased level of danger from drunk driving, police will be conducting DUI checkpoints in hopes of making arrests for driving under the influence before drivers cause dangerous accidents. 

Avoiding a DUI Arrest

People who are planning to celebrate St. Patrick’s Day should follow these tips to avoid being arrested for drunk driving:

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DUI arrest, San Jose marijuana DUI attorney, DUI charges, legal marijuana, recreational marijuana As of the beginning of 2018, the sale and use of marijuana for recreational purposes is legal in the state of California. While many people are celebrating this change in the law and the freedoms it provides, they should be aware that marijuana is now treated much the same as alcohol, and driving while intoxicated by the drug can lead to a DUI arrest.

California’s Marijuana DUI Laws

California law states that it is unlawful to drive a vehicle while under the influence of drugs or alcohol. It is also illegal to have an open container of alcohol or marijuana in a vehicle while driving.

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DUI arrest, drunk driving, San Jose DUI defense attorney, DUI defense, Uber and LyftWhen someone drinks alcohol, one of the first things that is affected is their judgment. This impairment to a person’s ability to make responsible decisions is why otherwise-sensible people may get behind the wheel after drinking, and thus endanger people on the road—actions that can potentially lead to a DUI arrest or a car accident.

In the ongoing campaign against drunk driving, safety advocates have encouraged drivers to use alternate methods of transportation after they have been drinking. In recent years, ride-sharing companies like Uber and Lyft have become available, and these companies have claimed to have reduced the rates of drunk driving. But have they actually made an impact on public safety?

Differing Studies

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