The easiest way to avoid a DUI violation is to simply never drink and drive, it is dangerous to yourself and everyone else. You are legally allowed to have a few drinks and still drive home as long as your BAC level is below .08%. If you happen to be pulled over as a suspect for a DUI then these tips may help.
23152(a) and 23152(b) are the first sections of the vehicle code that I will talk to you about. This is where you can be charged with driving under the influence and have not been over the legal limit of .08%. Some people are affected my alcohol in different ways and some people will be over “their” legal limit just by having one drink. This may impair certain peoples driving habits and could result in a violation. This is typically for people that are swerving all over the road from that one drink of alcohol.
The Second section of the vehicle code that I will talk about is, section 23152(b). This is the typical DUI that people think about when they hear about one of their friends or family members being arrested or perhaps being caught at a DUI checkpoint. This is when the person may or may not being driving out of the ordinary but the person is over the legal limit of .08%.
You may ask, which one is would be the better charge to have against you? The answer is that they are both equally bad and are treated the same way in court and under the law.
In California we have what is called the Implied Consent Law and it gives the police the right to do a chemical test on you be it through blood, breath, or urine if you are arrested for DUI. If you are taken into the station, you must submit to a test, because you gave implied consent when you received your license.
You do not on the other hand have to submit to the drug test on the side of the road. You can request that you be brought into the station and receive the test there. If there is any question that you are slightly over the limit this could give enough time for your BAC to decrease.
There are numerous ways where a DUI test can go wrong or where the test themselves were performed illegally and should be dismissed in court. For example, one of the chemical tests that could occur is through a Blood Draw. The police need to receive a warrant before they can draw your blood, let them know of that law before they draw your blood.
Unfortunately they may still continue with the Blood Draw but fortunately there are other cases where this is thrown out of court, assuming you have a good attorney like the Law Offices of Sean S. Vahdat and Associates APLC. That is just one of the many things that could go wrong when you are getting a DUI test performed on you. If you are arrested contact a good Criminal Defense attorney like the ones at the Law Offices of Sean S. Vahdat and Associates APLC.