Los Angeles DUI Lawyer Blog
The interstate highways in California are prone to accidents. Mostly, these accidents are brought about by drunk drivers. Drunk driving, if not a major offense, puts people in high risk of getting injured.
California drunk driving laws are found in the Vehicle Code section 23152. The first section is the misdemeanor to drive under the influence of alcohol and drugs while the second section is the misdemeanor to drive with 0.08% or more of alcohol is your blood.sUnfortunately, in most cases, people convicted on either section will be charged under the California DUI laws.
However, before an individual is convicted to drunk driving, the process usually begins when a driver is being pulled over by an officer. Interrogation follows and the individual is oftentimes asked to make incriminating statements that will be later used against him even without being given the Miranda procedure or a right to an attorney. The officer may also request a breath test using a hand held PAS (preliminary alcohol screening) device. By now, the offender was already placed under much stress already. To make matters worse, the driver will be asked to do a field sobriety test which is a physical exercise that even sober individuals might have hard time completing. In most cases too, the police officer will neglect to inform the offender that these field sobriety tests are usually not required by the law.
In cases such as these, the offender will be subjected to a chemical test such as a blood or breath test which is often done in the police station. During this time, an attorney is still not present. If, however, the offender refuses to undergo such testing, then the law imposes an automatic one year license suspension and a jail service.
After the offender’s release, the individual has two separate proceedings to deal with. The first proceeding is the administrative license suspension. This suspension begins 30 days after the arrest for first time offenders and one year for second time offenders. It is followed by a second proceeding that involves the criminal prosecution of the offender in court. However, both the suspensions and the criminal prosecution can be successfully challenged by a good DUI California criminal attorney.
Getting help from a DUI California criminal attorney can help you iron out your criminal and administrative license suspension with more reliability and confidence.