The state of California has offenses under both DUI and DWI titles. The DWI (driving while intoxicated) law limits a driver over the age of 21 to a blood-alcohol level of 0.08%. Any higher than this constitutes breaking the law and may result in a charge. The DUI, or driving under the influence, law is a broader statute that includes alcohol and other drugs. Both infractions have similar penalties and it’s important to contact a Vallejo DUI lawyer if you’ve been convicted of either a DUI or DWI.
Individuals may be arrested for impaired driving, even if their blood-alcohol content (BAC) is under 0.08%, as per the DWI law. All that is required to make an arrest is probable cause, meaning an officer who has reasonable suspicion that you are impaired is legally permitted to arrest you.
Though that may seem extremely broad and ripe with opportunity for police misconduct, there must be a specified cause that the police officer can cite for reason to make an arrest. Some specified probable cause may be:
After the police officer pulls over the car that has been exhibiting any of the above mentioned or other behavior that seems suspicious, there are observations the police officer may make about the driver that can justify an arrest for driving under the influence. Some of the behaviors or physical traits that an officer may use to make an arrest include:
Any of the above physical conditions or behavior may lead an officer to asking the driver to step out of his or her vehicle and to complete some sobriety tests. If you have had to take any sobriety test, call a Vallejo DUI lawyer to get legal protection immediately. These tests are designed to check if a driver’s brain is operating properly and is capable of completing cognitive and motor tasks. Some of the more common field sobriety tests are:
California is what is known as an “implied consent” state. This means that by getting behind the wheel, a driver implicitly consents to having his or her blood-alcohol content tested when requested by an officer. It’s important to note that driving is not a right but a privilege, and that privilege comes with some stipulations. If you refuse to be subjected to an alcohol or drug test, your driver’s license can be immediately suspended. If that has happened to you, contact a Vallejo DUI lawyer immediately to learn what you can do because there are time limitations.
The most common way police officers test the BAC of a driver is with a tool called a breathalyzer. A breathalyzer can pick up trace amounts of alcohol from a person’s breath when they breathe into it. Unfortunately, the breathalyzer is not a very accurate tool and often is not used properly. Some ways in which a breathalyzer may not be used properly includes, but is not limited to, the following:
If you or a loved one have been charged with a DUI or DWI, it is extremely valuable to get a Vallejo DUI lawyer. A DUI charge can linger on a person’s record and come with serious legal consequences. Some things to keep in mind when choosing a lawyer include:
Hiring a defense lawyer for DUI charges is a very serious task that should not be taken lightly nor should it be delayed. Be sure to do your research and find a reputable and experienced Vallejo DUI lawyer to take your case and help you fight your charges.
Have Been Arrested & Are Accused of a DUI/DWI? The Choyce Law Firm knows how a DUI or DWI can alter your life and reap negative repercussions. That’s why our experienced criminal defense attorneys fight hard to get your charges dismissed or reduced. Give us a call at (707) 422-1202 to speak to a Vallejo DUI lawyer today.
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