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Published On: Thu, Jun 21st, 2018

What Does it Take to Get a DUI?

 

Getting a DUI depends on the laws surround blood alcohol content levels in your state. In certain states, if you’re 21 or over, the legal limit is .08%. That means that if your blood alcohol concentration is over .08% and you’re operating a vehicle, you’re driving under the influence. A normal-sized adult can usually achieve a BAC of .08 after about three standard-sized drinks.

Photo/Skiddie2003 wikimedia commons

California actually sees tens of thousands of arrests annually, they are commonly followed by a visit to court. DUI convictions bring serious consequences and there is little chance for defense without legal help. You could use to the legal representation since California has such a low threshold for DUI conviction. If you find yourself in DUI Court then consider contacting our friends at Ticket Crushers to help you understand all the requirements for court.

What Do The Police Have to Show the Court to Get a Conviction?

In order to get a conviction, the police have to demonstrate that they meticulously adhered to a set of professional standards. If not, a competent DUI defense lawyer may be able to pick apart the case and defend you. The phases of a DUI investigation are as follows:

 

  • Probable Cause for the Stop The police can witness a traffic violation, a driving pattern consistent with drunk driving, or they could be responding to a traffic crash.
  • Physical Observations – The police must document any physical signs you show of drunkenness, like slurred speech, improper balance, and the smell of an alcoholic beverage emanating from your face.
  • Roadside Exercises – The police will ask you to submit to voluntary roadside exercises, which they will almost always video record for evidence. The exercises are designed to expose the inability to perform tasks, like holding your balance or listening to a set of instructions.
  • Arrest – The investigating officer will make a determination as to whether or not you are legally intoxicated and will decide whether or not to arrest you.
  • Breath or Urine Test – The officers will explain to you the implied consent law depending on the state you are in. In certain states, a condition of getting your license, you agree to a provide a breath or urine sample to the police upon request. If you refuse, your license will be suspended.

 

It’s important to understand your rights before you’re stopped by the police for a DUI. Very few people who are intoxicated perform the roadside sobriety exercises well, and not many drivers arrested for DUI are under the legal limit.

Can I Refuse Roadside Exercise?

Roadside exercises in the many states are voluntary. Before you agree to do them, you should consider that a jury is likely to see your recorded performance. If you refuse to do the exercises, however, the police can still take you to jail based on their observations.

What Are the Consequences of Not Submitting to a Breath Test?

In most cases, the police will ask you to submit to a breath test and won’t bother with urine unless they see that your BAC is relatively low. Once the police have your BAC level, it’s very difficult to keep it from being used as evidence against you in a criminal prosecution. On the other hand, your license will be suspended for up to one year for a first refusal and two years for a second refusal of the breath test.

Author: Shirley Wilson

About the Author

- Outside contributors to the Dispatch are always welcome to offer their unique voices, contradictory opinions or presentation of information not included on the site.

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