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California DUI defense attorneysAlthough there have been national efforts in the past few decades to prevent drunk driving, it still occurs on our country’s roadways. Alcoholic beverages and controlled substances significantly impair a person’s ability to operate a motor vehicle safely. Studies have shown that driving under the influence (DUI) of drugs or alcohol can be deadly. According to the National Highway Traffic Safety Administration (NHTSA), in 2017, there were 3,602 fatalities on the state’s roads and 37 percent of those deaths were alcohol-related. 

Thousands of motorists are arrested for DUI every year in the state of California. However, some of these arrests are made erroneously due to faulty testing equipment or mistakes made by police. If you are a California driver, it is important to know the laws and your options regarding DUI in case you are ever charged with this crime.    

California Drunk Driving Laws 

In California, the legal limit is .08 percent blood alcohol content (BAC). The penalties for DUI in California vary depending on if it is a driver’s first offense or if he or she has had multiple convictions. For some, the punishments can involve fines, jail time, loss of driving privileges, or mandatory installation of an Ignition Interlock Device (IID) in their vehicle.

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San Jose criminal defense lawyerDriving under the influence (DUI) of drugs or alcohol is illegal. California has some of the strictest DUI penalties in the United States. A first DUI offense can result in fines ranging from $390 to $1,000 along with driver’s license suspension. Offenders can spend days to months in jail, and they may also be ordered to do community service or attend a treatment program or DUI school. It is imperative to understand your rights if you are pulled over for drunk driving in the state of California. In addition, seeking assistance from a qualified and competent lawyer can increase your chances of possibly having the charges reduced or dropped altogether.

Steps to Take During a DUI Traffic Stop

Being pulled over by law enforcement can be scary, and although the initial reaction might be to panic, it is important that an individual remains calm throughout the traffic stop. Not complying with an officer’s order to exit the vehicle could result in a charge of resisting arrest. Another thing to note is that a person stopped for DUI can invoke his or her right to remain silent even if the police officer does not mention Miranda rights. 

It is also crucial to know the laws regarding drunk driving. Under California law, if someone is over 21, he or she does not need to submit to a field sobriety test during a DUI stop. California has an implied consent law, which means possessing a driver’s license indicates a driver has given his or her consent to submit to a chemical test in case the individual is arrested for driving under the influence. However, the motorist has the option of taking a breath or a blood test. Blood tests are typically more accurate than breath tests are. 

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