California state law prohibits anyone from driving a motor vehicle when your driving ability is impaired under section 23152 (a) of the vehicle code. Drivers are also prohibited under section 23152 (b) of the vehicle code to drive a motor vehicle when their blood alcohol level is a .08% or more.
Whether you take a breath test or blood test after being stopped and arrested on suspicion of driving under the influence, the seriousness of your case relies in great part on the readings obtained at the time that you were stopped and tested.
A criminal prosecution for this charge carries serious consequences including probation, fines in excess of $1500, required attendance at a lenghly alcohol program, and a range of other consequences.
The strength of the prosecution’s case involving driving under the influence, is based on the probable cause for the stop, the driver’s performance on a series of field sobriety tests, their blood-alcohol level, both at the scene, and at the station or hospital.sThe drivers record can also substantially affect the willingness of the prosecutor to reduce or dismiss any case.
The legal level of blood-alcohol as stated above is important as a benchmark for the prosecutor and the defense lawyer to negotiate. The closer the driver’s blood-alcohol rate is to the legal limit, the weaker the prosecution’s case. The higher the driver’s blood-alcohol over legal limit can significantly build a stronger case for the prosecution who will seek greater penalties typically, then those cases involving lower readings.
There seems to be a growing trend in certain judicial districts, to file drunk driving charges even in cases where one of blood-alcohol is less than an 08%.sArthur recently was retained to represent a driver who although had a blood-alcohol rate of 07%/07% was charged with a 23152 (a) V C. In this case, our firm was able to persuade the prosecutor based upon our clients good record to dismiss the charges of DUI, and allow the driver to settle the case, but to a substantially lower charge.