The DUI Lawyer in San Diego and Driving While Intoxicated

April 26, 2012 | Author: | Posted in Reference & Education/Legal

Society sees driving while under the influence of alcohol, more commonly called DWI or DUI, unfavorably. In America as of late, it really is much easier to get a DUI arrest due to stricter laws. Additionally it is difficult to get released from a DUI, with penalties becoming much harsher, a well known fact every DUI lawyer in San Diego knows.

An overview of a DUI charge

A DUI arrest typically takes place if you are stopped by traffic police or you are stopped on a “sobriety checkpoint.” There are many reasons the authorities are going to do this to yourself. It could be that the way you are driving indicates you consumed a sufficient amount of alcohol it badly has an effect on your driving a motor vehicle. In some cases, someone cited your irregular driving. Most likely, though, it is the authorities on their own who witnessed erratic driving from you and made a decision to pull you over to investigate.

It might also happen should you made another type of traffic violation and the police officer has reasonable suspicion that intoxication induced it. If you beat a red light or are traveling underneath the posted speed limit, a traffic enforcer could give you drunk driving if he or she thinks you happen to be drunk.

Many a criminal lawyer in San Diego reminds clients that probable cause in California considers a Blood Alcohol Content (BAC) of 0.08%, based on Section 23152(b) of California’s Vehicle Code. If from the officer’s viewpoint your driving has not been the way a regular person ought to drive, an arrest may still occur based upon Section 23152(a).

Usually, individuals arrested for DUI remain in a holding cell until the police feel they are sober enough to be discharged on bail or under their “own recognizance.” You will subsequently be provided with a day for your trial. In the event you are not to be let go, you’re going to be in jail under remand right until your trial.

Penalties for Drunk driving

When your BAC will not be higher than 0.08%, the losing of your Drunk driving charge is feasible. A Driving under the influence charge is possible if the investigation revealed you breached Section 23152(a). If this takes place, suspension of the driver’s certificate for 6 – 10 months is considered among the first consequences. To have it back, you will have to go to a court-approved program about driving while intoxicated. Sometimes, the court might force you to attend classes with Alcoholics Anonymous for you.

Even for the first DUI charge, you may get half a year of jail time. Your criminal lawyer in San Diego will explain that recurring Drunk driving criminals have it even worse. Some lose many civil rights like the right to vote or own a weapon. Recurrent Drunk driving charges can make you lose your driver’s permit permanently.

It is actually for these reasons that obtaining a good DUI lawyer in San Diego is very wise. Naturally, it is best to not drive drunk. If you cannot refrain from doing both, you should do the next best thing: get good representation in the court.

Writer is a legal assistant for a criminal lawyer San Diego and is researching to become a DUI lawyer San Diego.

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