In California, driving under the influence is a serious crime that leads to hefty penalties. Drivers who have at least a blood-alcohol content reading of 0.08% are guilty of the infractions. However, the state has reduced readings for commercial or underage drivers. A drunk driving lawyer in Santa Clarita, CA helps defendants review the penalties and possible defenses for a DUI charge.
The First Offense
A driver convicted of a first-time DUI offense will face their driver’s license suspension, three months of DUI school, informal probation for up to five years, and fines up to $2,000. For second offenses, drivers face up to six months in jail and are required to install an ignition interlock device in their vehicles.
How Can Drivers Fight a DUI?
- Probable Cause: Officers aren’t allowed to stop a driver without probable cause. The driver must have committed a moving violation, such as speeding or reckless driving. Officers cannot stop a driver simply because they were seen leaving a nightclub.
- The Driver Wasn’t Driving: A parked car doesn’t give officers the right to arrest a driver even if they are sitting in the driver’s seat. The vehicle has to be on the road and moving to charge the driver with a DUI.
- Faulty Testing Equipment: All breathalyzer devices are tested and maintained according to federal and state laws. If the equipment is faulty, the results aren’t accurate, and the case could be dismissed.
- Medical Conditions: Type 1 diabetics exhibit signs of intoxication when their blood glucose levels are too high. The condition often leads to a failed field sobriety test.
- Alcohol in the Mouth: Dental work traps alcohol in the mouth that can affect a blood-alcohol content reading. Drivers with acid reflux could have alcohol in their mouth if acids are forced back into the esophagus.
In California, charges of driving under the influence have a lasting impact on the lives of defendants. The charges lead to driver’s license suspensions, fines, jail time, and even DUI school. Possible defenses help drivers fight a conviction and lower the full impact of the infractions. People who are facing a DUI charge are encouraged to contact us now to speak to a drunk driving lawyer in Santa Clarita, CA.
