In California, to be considered drunk driving under the law, you must be driving while under the influence of drugs or alcohol, and have a blood-alcohol level of 0.08% or greater, or 0.05% if you are under 21. Every DUI in California is different which means that, if you have been charged, you may have some questions. We have gathered up some of the most common questions and given you answers that you can understand.
How do the police find out if you have driven intoxicated? Police can find out if you are intoxicated by observing you, through a field sobriety test, or based on your blood-alcohol level. If a police officer observes that you are driving erratically because you have been speeding or failing to stop, they can pull you over. They can also use a sobriety test if they suspect you are under the influence, such as through a speech test or standing on one leg. They can also measure your blood-alcohol level through a blood test.
Can you refuse to take a chemical test and can I talk to my attorney first? If you live in California and you are pulled over for a DUI, you do not have the right to speak to an attorney before you take a chemical test.
Do the police have to read me my rights before asking me questions? It depends. The reality is that this is determined based on whether or not you are in police custody. If you have been stopped and questioned at a traffic stop, for instance, police do not have to provide Miranda warnings.
Was it legal for me to be pulled over at a roadblock to speak to police? Yes, as long as the police used standard procedure to pull you over. If they are being neutral and pulling over every car or every three cars, then they have used procedure and it is permitted. However, if it is clear that they singled you out for no reason, then it may not be legal.
Is it in my best interest to have an attorney? You should have an attorney who specializes in these types of cases. It is difficult to prove these cases as is, because police usually have very firm evidence against you. If there is no evidence against you, however, sometimes your attorney can help you get your case reduced.
Is it possible to beat a California DUI charge? Your chances of beating a DUI completely is difficult if your BAC was over 0.08%. Your best bet is to call us today to speak to us about your options on how to possibly have your DUI reduced. We can help you through the process and help you receive the best results.