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Driving Under The Influence - End Of The World?

April 13, 2013

What is "Driving Under The Influence"?

According to the California Vehicle Code Section 23152(a) a person cannot drive while under the influence of an alcoholic beverage or drug.  Section 23152(b) specifies that a person cannot drive with more than a blood alcohol level  (B.A.C.) of .08%.  So, what does that mean for you?

Well, first of all, it means you shouldn't be drinking and driving.  Bad!  You also should not be smoking marijuana, taking a line of cocaine or doing any other drug that would impair your ability to drive.

You JUST got a D.U.I.?

Get an attorney OR schedule your own DMV hearing within 10 (ten) days of your arrest to avoid automatic suspension!  You can try to argue your case - you should probably have an attorney to help you with this (I strongly suggest it.)

You were PULLED over and you're not so sure about your B.A.C.?

Tell the police officer you want to cooperate, but you were told by an attorney or have heard from an attorney that you should not respond to any of their questions without the presence of an attorney.  Then, ask to take the blood or breath test at the station.  I think the blood test is the best option....

Always be sweet and peachy, I know that it's in there somewhere....and I don't mean peach flavored beer.  Respectfully decline to answer any other questions regarding whether or not you were drinking and driving.  The less they have, the more that's in your favor.

KEEP YOUR MOUTH SHUT, within reason, of course.... Be nice, be sweet, be a Georgia peach.  After all, the police officer's are just doing their job - though, SOME of them might just be mean spirited.... Especially in police reports.... like, when they "forget" to mention they pulled a gun out on you.

Tips and Tricks!


Secondly, this is how important this is: DO NOT TAKE THE P.A.S. TEST!  Those tests are extremely inaccurate - that's my opinion as a defense attorney.  Scientist, criminalist and district attorneys swear up and down that these tests are awesome.  Sure, they tell you what the "blood alcohol level" is... but this little machine can have major issues - especially if the officer hasn't calibrated it in a while.  If you take this test, you've effectively screwed yourself out of a good defense your attorney had for you.  You took the test?  You should still see an attorney.  Don't lose hope!  Even charges with a P.A.S. are very defensible.  Especially if your reading on your test at the station was higher.

On a side note, don't put Scope or Breath Sprays in your mouth.  That ish has alcohol in it.  What you've done is make your alcohol reading SUPER high.

Taking the Test?

The decision is up to you whether or not you want to take the Driving Under the Influence IMPLIED CONSENT test.  The Implied Consent Test is REQUIRED by law.  You don't "have to" take it, but then you should get an attorney to help you with your defense as to why you couldn't or didn't take it because you risk automatically losing your license for a whole year.  

There's  a new law in California (Grrr ....)  Drivers suspected of driving under the influence of DRUGS will no longer have the option to choose a chemical test of their urine to determine their DRUG content.  The blood test is supposed to help determine what drugs are all up in your system.  The only way you're getting a urine test is if a blood test is not available..

Don't confuse the new law with ALCOHOL test.  As of January 1999, if you're suspected of driving under the influence of alcohol, a urine test is not even an option UNLESS the police officer thought you had drugs and  alcohol in your system (but then the above applies), you are taking anticoagulant medication for a blood transfusion, or you are a hemophiliac.  Random fact, that Duchess Anastasia Nikolaevna had a brother who was a hemophiliac - it means your blood doesn't clot properly and you are at risk of bleeding out.

You've got a .08 or slightly above?

Hey! You're not in bad shape! You should definitely go see an attorney. :)

You've got something below .14, but higher than .09?

Well, there's no enhancement for you.... so, yay? Just go see an attorney.

.15 or up?

GO SEE AN ATTORNEY! At least, that's my opinion.

Accidents Involved?

Again, I strongly suggest you see an attorney....

Why an attorney?

Driving Under the Influence cases can be very defensible. You just need to speak to an attorney to find out. Plus, you may not have been driving while under the influence with a blood alcohol level of 08%. Or, your driving wasn't really impaired. There are a lot of reasons to speak to an attorney. I suggest you find one that can help you find the best defense for your case.

NEXT STEP?

If you need someone to help you defend your case, call an attorney!


I am available at my office, if you choose to see me:


Law Office of Noreen L. Barcena

521 South Garfield Avenue

Monterey Park, CA 91754

(626) 898-7200


The first consultation is free!


NOTE: Noreen L. Barcena does not make guarantees by posting on this blog. This blog is merely for informational purposes and she advises that you should seek legal advise IN PERSON. Noreen L. Barcena practices law solely in the State of California and does not have opinions or guarantees about other state laws. Ms. Noreen L. Barcena is merely making suggestions and opinions. You should never plan to commit any illegal acts.

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