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DUI

Posted on in DUI

Understanding the Nuances of Implied ConsentCalifornians who have been arrested on suspicion of driving under the influence of alcohol or drugs have a difficult decision to make when it comes to blood alcohol content tests. According to California’s vehicle code, those who have a California driver’s license have implicitly consented to a BAC test after their DUI arrests. Test results can be damning evidence against suspects in DUI court cases. However, people who refuse the test face legal punishments, including:

  • Driver’s license suspension;
  • Fines; and
  • Additional penalties if convicted on a DUI charge.

Even without the results from a BAC test, prosecutors have successfully used a defendant’s refusal as proof of his or her guilt.

If you have been arrested on suspicion of DUI, the arresting officer is required to inform you of your rights regarding BAC tests. With the stress of the situation, you may overlook some key nuances to the law.

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What Distinguishes a Felony DUI from a Misdemeanor DUILast week, many community members in Bakersfield, California, were incredulous after the local district attorney announced that a high-profile case would not include charges of felony driving under the influence of alcohol. The suspect had supposedly been legally intoxicated when his vehicle hit and killed a bicyclist. However, he is being charged with the lesser misdemeanor DUI. The case illustrates the intricacies when deciding between misdemeanor DUI and felony DUI charges in California. Felony charges may require proving negligence and causation, as well as intoxication.

Misdemeanor vs. Felony

Misdemeanor DUI charges commonly occur when a defendant is suspected of being intoxicated after a routine traffic stop. A person can have as many as four DUI convictions within a 10-year period before facing felony DUI charges. However, a DUI charge can be upgraded to a felony if someone is injured or killed as a result of the DUI. There are several types of felony DUI charges involving injury or death:

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California DUI attorney, California defense attorneyYou may have heard through the social grapevine of a “zero tolerance” DUI policy in California. Although one is in place, it is not applicable to all situations or all drivers. A zero tolerance policy indicates that if you are caught driving with any measurable amount of alcohol in your body, you can face serious charges. State laws and officers are harsh on DUI, but they are not quite so severe as to say no drinks for anyone who drives, which eliminates a social hour after work or a drink at a ball game. To alleviate fears and rumors, let us discuss what the zero tolerance policy is all about.

Underage Drinkers

The zero tolerance policy does not change by any traditional California laws for those over the legal drinking age. Instead, it is an extension of the regulations. First and foremost, the zero tolerance does impact underage drinking and driving. Instead of normal drinking limit, those who are underaged must have less than a 0.01% blood alcohol concentration (BAC), which happens to be the smallest amount of alcohol that a breathalyzer will detect. Even commercial drivers do not have these strict of standards, as their limit is 0.04% by state law.

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Posted on in DUI

California DUI attorney, California defense lawyerIt is no secret what teens do when they go off to college: they study and socialize. Socialization frequently leads to alcohol consumption, often perceived as a necessary part of the integration period. Many college students are over the age of 21, which is the legal drinking age. However, there are many more within the 17 to 21-year-old age bracket, and if these students are consuming alcohol on a regular basis, trouble may be imminent. However, regardless of age, a DUI conviction has the potential to wreak havoc on educational opportunities.

San Jose Colleges and Universities

Were you aware that San Jose is home to 63 colleges and universities? Of course, you have heard of the larger options, but there are a significant amount of smaller establishments geared toward higher learning. Students go to learn and socialize - sometimes too much socializing. In one study, approximately 56 percent of students admitted to drinking within the last month. Researchers believe that alcohol is to blame for some of the trouble within the college-aged community, which is why many of these educational facilities have policies in place to reduce inebriation. A few statistics include:

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Posted on in DUI

California DUI attorney, California defense lawyerThe blitz of public service ads (PSA) developed by the Ad Council and the National Highway Traffic Safety Administration (NHTSA) emphasizing that buzzed driving is drunk driving flooded the airwaves throughout this past holiday season. Statistically, the need for increasing the awareness of this epidemic is strengthened as every day 28 people in the United States die due to an alcohol-related vehicle crash. Driving while under the influence (DUI) not only takes away a life too soon but the related damages contribute to a cost of $52 billion per year.

The series of hard-hitting PSA’s ran in conjunction with the holiday season beginning on December 26 through December 31. It was a timely effort since social drinking is heightened throughout the holiday season. The markets the PSA’s were distributed heavily was strategic by focusing on the ten states that could benefit most from the message due to the high rate of alcohol-impaired driving and DUI fatalities:

  • California,
  • Florida,
  • Georgia,
  • Illinois,
  • New York,
  • North Carolina,
  • Ohio,
  • Pennsylvania,
  • South Carolina, and
  • Texas.

This campaign, better known as the “Project Roadblock” initiative marks its 13th year in production as local broadcast stations donate airtime to relay the message of the dangers of driving while under the influence even at low-level alcohol consumption.

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