Drunk driving, or in legal terms, “driving under the influence of alcohol,” is a violation of the California Vehicle Code. If you are pulled over in a traffic stop and law enforcement has a “reasonable suspicion” that you are driving drunk, you will be asked to step out of the vehicle and perform a set of “field sobriety tests.” If you fail, preliminary alcohol screenings are performed with a roadside DUI testing device. These tests give police the necessary “probably cause” to arrest you for DUI.
The Consequences of a DUI Conviction in California
In the Sacramento area, DUI enforcement is aggressive and you can be charged with DUI if you drive with alcohol exceeding the legal limit in your system. If you plead “guilty” or “no contest” to DUI, you will lose your license through the DMV and the Court will impose jail time, probation, fines, and a DUI education program ranging from 3 to 30 months.
After an arrest, you are facing two different actions: The DUI charge and the license suspension imposed by the DMV. These two factors must be handled separately, and within the time limits imposed by law.
WARNING: IF YOU ARE ARRESTED FOR DUI OF ALCOHOL AND YOU FAIL TO CALL THE DMV WITHIN 10 CALENDAR DAYS OF YOUR ARREST, THE DMV WILL AUTOMATICALLY SUSPEND YOUR LICENSE.
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Your license suspension through the DMV should be handled by a skilled DUI defense attorney. The accuracy of breathalyzer testing is susceptible to several arguments, including Title 17 challenges. These include the following requirements:
- The breath sample must be taken from what is termed “alveolar air,” from deep within your lungs.
- You must be observed for at least 15 minutes prior to the test.
- Over the 15 minutes of observation, you must not have eaten, drunk any beverage, or vomited.
- The breath testing unit has been properly maintained and calibrated.
For DUI blood testing, the blood drawn can be retested for preservatives used to prevent fermentation. The blood must be drawn in a medically approved manner and must be preserved for a re-test.
At Scarfe Law Firm, we strive to investigate every detail of the evidence that led to a DUI alcohol arrest. If you have a borderline case, then it is imperative that your DUI lawyer investigate the breath machine and determine if accuracy checks were performed according to state law and the manual provided by the manufacturer. You may have been subjected to an illegal police stop, or another factor that could benefit your defense case.
Call us today at (916) 252-1609 for a free 20-minute consultation. Your future right to drive –you’re your freedom – may depend upon it.
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