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Prima Facie Case for California DUI

For the government to create a strong DUI case against you , the case needs to have all requisite elements which create the Prima Facie case. There must be proper probable cause and a Blood Alcohol Level (BAC) that can be considered illegal under the appropriate vehicle code.

Probable cause is a complicated element. It is most commonly established by the manner in which you are caught driving. An experienced California DUI attorney has seen a plentitude of driving situations which have led to a DUI arrest and knows how to present the case so that it is most advantageous to the client. These are the benefits of hiring an attorney that not only specializes in DUI arrests, but has plenty of experience and knows how to handle each situation before the Judge.

Furthermore, there must be a BAC that is over the legal limit. Vehicle Codes 23152 and 23153 dictate the legal BAC. While the legal limit under VC 23152 (b) and 23153 (b) is set at .08%, it is possible to be charged with a lower BAC under section (a) of both sections of the Vehicle Code.s

You may be arrested with a BAC of .07% and feel as if the government has no case against you, because you were under the legal limit. However, this is not the case. You may be charged under section (a) of VC 23152 or VC 23153 which provides no limit. This will be a charge recommended by the arresting officer. The case will then be sent to the prosecutor’s office, and they will decide whether the case has strong merits to be taken further, or whether it will be dismissed.

An attorney who is focused on DUI defense can argue in your favor to show that a case under a BAC of .08% should be dropped. Additionally, experience will help an attorney know exactly when the elements of a DUI case have not been established and highlight the weaknesses in the government’s case to the Judge. This will not only provide you with representation that you have confidence in, but also a high percentage that your case will have lower penalties, and possibly even be dismissed.