Driving under the influence (DUI) is a serious offense that can have long-term consequences. Because drivers who are under the influence of alcohol or drugs pose a danger not only to themselves but also to others on the road, they may face serious penalties if they are arrested and convicted of offenses related to DUI. In cases where a DUI results in someone else’s injury or death, the penalties are likely to be even more severe. For people who may face these types of charges, it is important to secure legal representation from an attorney who can help defend against a conviction or seek reduced penalties.

Penalties for DUI Resulting in Injury

A person who is accused of causing someone else to suffer a bodily injury because the person was driving while intoxicated may face a number of harsh legal consequences. The penalties vary depending on factors such as prior convictions and the seriousness of the injuries:

1. Fines: A first violation may result in fines ranging from $390 to $1,000. For a second violation within 10 fines of $390 to $5,000 may apply. A third or subsequent violation within 10 years may lead to fines of $1,015 to $5,000.

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Driving under the influence (DUI) cases are common cases that are very serious in nature, with a conviction on such charges levying severe legal and personal consequences. However, with advancements in scientific research and the growing understanding of the complexities surrounding blood alcohol concentration (BAC) levels, new defense strategies for DUI have emerged. Today, we will explore the rising blood alcohol defense, a defense strategy gaining traction in many DUI cases across California. Luckily, legal professionals are available for those who have been charged with DUI, greatly increasing the chances of pursuing a case outcome that is favorable to the individual charged.

Understanding What Rising Blood Alcohol Means

This DUI defense strategy is centered around the concept that an individual’s BAC was not above the legal limit while operating a vehicle but increased to an unlawful level of 0.08 percent after driving. The defense argues that the BAC measurement at the time of testing was higher than the actual level while driving due to the body’s metabolism processes.

The Physiology Behind Rising Blood Alcohol

When an individual consumes alcohol, the body absorbs and metabolizes it over time. The absorption rate depends on various factors, such as the individual’s weight, metabolism, food consumption, and the rate of alcohol consumption. As the body processes alcohol, the BAC level can rise or fall depending on these factors. This physiological phenomenon is often referred to as the “absorption phase,” during which the alcohol concentration in the blood gradually increases.

Facing charges for driving under the influence (DUI) as an underage individual can be extremely daunting and have long-lasting consequences. However, it is important to remember that everyone deserves a fair defense. With strategic legal steps, there are defense strategies that can be utilized to protect your rights and ensure a favorable outcome. This blog aims to explore some effective defense strategies for those who find themselves facing underage DUI charges. If you are a juvenile facing DUI charges, contact an experienced criminal defense attorney to begin the process of building your defense and protecting your future. 

Defense Strategies for an Underage DUI 

Here are some defense strategies to consider if you are juvenile facing DUI charges, including:

Being pulled over for a suspected DUI in California can be a nerve-wracking experience. One of the first things many law enforcement officers do is ask suspects to perform field sobriety tests (FSTs). While these tests may seem simple enough, they can have profound implications. A DUI conviction can dramatically change a person’s life, not for the better. It is essential that drivers understand their rights and what to expect during FSTs.

If you are ever arrested for DUI after failing an FST, contact an attorney immediately to understand the next steps in your case, which will likely include building a defense against the assertions of the police and prosecution. 

What Are Field Sobriety Tests? 

Field sobriety tests are standardized assessments law enforcement officers use to evaluate a driver’s level of impairment from drugs or alcohol. There are three types of FSTs commonly used in California, including:

Facing charges for driving under the influence (DUI) can be a very stressful and frightening experience, especially for first-time offenders. In California, penalties for DUI can be steep, and understanding your legal options is essential in order to fight the charges against you and to try and obtain a favorable case outcome. If you have been arrested for a first-time DUI, contacting a DUI defense attorney is essential, as a DUI conviction can have seriously detrimental consequences. While hiring a lawyer does not by any means guarantee an acquittal, it does ensure your rights and interests will be safeguarded at all times. 

Keep These Things in Mind

Here are some essential considerations if you have been charged with a first-time DUI, including:

• Call a specialized DUI attorney – If you are facing a first-time DUI charge, you must hire an attorney specializing in DUI cases. Your attorney will work closely with you to develop your defense and choose the most appropriate strategy for your situation.

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If you are facing a DUI charge, finding the right lawyer to represent you is essential. A DUI conviction can have serious adverse consequences, such as fines, license suspension, and even jail time. However, those involved in these cases can work with an attorney to protect their rights and best interests.

What to Consider When Selecting Your DUI Attorney

Here is what to consider when you are preparing to hire a DUI attorney, including:

As law enforcement focuses on its battle with drunk driving, lawmakers will often introduce new bills in order to strengthen the tools that police have to catch drunk drivers and the penalties that the courts can enforce if the driver is found guilty. Some of these bills pass and some do not, but it can make it confusing to understand what the current DUI laws in California are. The following are some of the common FAQs about drunk driving that the legal team at Burglin Law Offices, P.C. are often asked.

What Is Considered Legally Intoxicated Under California Law?

Under current California, the blood alcohol concentration (BAC) level that could result in a DUI charge is:

Most people know that you can lose your driver’s license if you are arrested for driving under the influence of alcohol or drugs (DUI) in California. However, many people do not realize that there might be a way to get the suspension of your driver’s license rescinded, but doing so generally requires the help of a qualified attorney.

You Have the Right to a Court Hearing Regarding Your Suspension

If you refuse blood-alcohol content (BAC) testing following a DUI arrest, the state of California imposes an automatic suspension of your driver’s license. For most people, this suspension lasts for one year, presuming that it is your first offense. The law in California, however, gives you the right to a court hearing to challenge the suspension. At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended.

California prohibits drivers from operating while they are under the influence of drugs or alcohol. Both legal adults who are able to legally consume alcohol as well as people less than 21 years of age can be charged with driving under the influence (DUI). Adults in California face charges if their blood alcohol concentration (BAC) is 0.08 percent or greater. People under 21 years of age must comply with the zero-tolerance policy in California under which a person can face possible penalties for driving with a BAC of as little as 0.01 percent.

A zero-tolerance violation results in a one-year driver's license suspension. Alleged offenders with BACs of 0.05 percent or higher face a one-year suspension as well as mandatory alcohol education classes. If an underage driver has a BAC above 0.08 percent, he or she will face the same DUI penalties as adults over 21 years old. 

Underage DUI Penalties

When a juvenile is charged with the standard DUI offense because of a BAC of 0.08 or more, or they are exhibiting signs of impairment to police officers, then the penalties will increase to fines as high as $1,000, three to five years misdemeanor probation, and a one-year suspension of driving privileges. Drivers under 21 years of age can also face driving under the influence of drugs (DUID) charges or possibly DUI causing injury, vehicular manslaughter while intoxicated, or DUI murder charges when they cause traffic accidents while impaired.

Many people who are arrested for driving under the influence (DUI) of alcohol or drugs in California become immediately fearful that a conviction is imminent. In actuality, many alleged offenders in these cases have a variety of defenses that could allow them to avoid conviction.

Prosecutors in these cases are motivated to try and portray alleged offenders as being particularly reckless, but a criminal defense attorney can make a world of difference in determining your defense options. 

Possible Legal Defenses Against DUI Charges

When you are considering possible DUI defenses, these are some of the most common defenses:

Few penalties associated with driving under the influence (DUI) arrests hit people as hard as driver’s license suspensions because the loss of driving abilities often dramatically changes how people operate on a daily basis. Anybody who is dealing with a DUI and needs help seeking driver’s license reinstatement in California will want to be sure that they retain legal counsel for help satisfying all of the many demands placed on people seeking restoration of their driving privileges.

Those who are convicted of DUI offenses in California can be subject to a wide range of possible suspension periods, and a person is not automatically reinstated as a lawful driver once the suspension ends. There is instead a full reinstatement process a person must complete to be considered a lawful driver again.

How Reinstatement Works in California

Seeking reinstatement is not the same as challenging your suspension, which you can legally do after your DUI arrest when a police officer gives you a notice of suspension. You will have 10 days to request a California Department of Motor Vehicles (DMV) hearing that is overseen by a DMV employee. This type of hearing only requires the DMV to prove a person was arrested for violating state DUI laws by a preponderance of the evidence, which is a much lower standard than beyond a reasonable doubt.

In the United States, we have important rights when it comes to our privacy. The Fourth Amendment protects us from unreasonable searches and seizures by the government. However, there are exceptions to this rule. One exception is when the police have reason to believe that a crime has been committed. It is crucial for everyone to know when police officers have the authority to conduct a traffic stop and assess a driver for signs of intoxication.

If a DUI traffic stop is conducted without justification, evidence obtained during the traffic stop may be unusable in court. This means that if an alleged drunk driver can prove that the officer who pulled him or her over had no grounds for doing so, any evidence of intoxication gathered during the stop may not be used against the driver. This could lead to the charges being dismissed entirely.

Reasonable Suspicion is Required for a Traffic Stop

To understand when police have the authority to pull someone over on suspicion of drunk driving, it is important to know what "reasonable suspicion" is. To initiate a traffic stop, police must have a reasonable suspicion that criminal activity is taking place. Actual violations of the law, such as speeding or running a red light, are justifications for conducting a traffic stop. Unsafe driving or driving that makes the officer suspect criminal activity may also justify a traffic stop. For example, if an officer witnesses a driver erratically moving from lane to lane, the officer may assume that the driver is under the influence of drugs or alcohol. Police must be able to specify the reason that he or she suspected someone of breaking the law. Officers are not permitted to pull someone over for no reason. Sobriety checkpoints are one exception to the reasonable belief requirement.

In California, a number of offenses are punishable by driver's license suspension. Conviction for driving under the influence (DUI) results in a six-month suspension while a second offense is punishable by a two-year suspension. Driver's license suspension is not always due to drunk driving, however. Getting into an accident without auto insurance, having too many points on your driver's license, and even failing to pay child support can lead to a license suspension.

Penalties for Driving When Your Driver's License is Suspended

Once a person's license is suspended, driving any vehicle is prohibited. Driving with a suspended license is a criminal offense. The penalties for driving with a suspended license in California depend on the reason for the suspension and the number of prior offenses. A first offense is punishable by up to six months in jail and a fine of up to $1,000. A second offense is punishable by up to one year in jail and a fine of up to $2,500. However, the penalties are even more severe if someone with a suspended license gets into an accident in which another person is injured.

If you are facing charges for driving with a suspended license, it is important to speak with an experienced criminal defense attorney. An attorney can help you understand the charges against you and the possible defenses that may be available.

When someone is arrested for suspected drunk driving, their main concern may be jail time or driver’s license suspension. However, for licensed professionals, getting a drunk driving charge can also threaten their livelihood.

When a licensed nurse is arrested for driving under the influence (DUI) in California, he or she can face additional penalties through the California Board of Registered Nursing (BRN). If you or a loved one are a nurse who was recently arrested for DUI in the Marin County area, reach out to a lawyer for help. All hope is not lost and there may be steps you or your loved one can take to avoid losing your nursing career.

Fighting Drunk Driving Charges

DUI charges are often based on the results of a field sobriety test or breathalyzer test. These tests are not perfect and false positives have been known to happen. With help from a skilled DUI defense lawyer, a nurse arrested for DUI may be able to get the charges dropped or receive a “not guilty” verdict.

Police interrogations are often intense. Officers ask individuals a series of questions aimed at gathering information about an alleged crime. Police may interrogate someone they think committed a crime or someone who may have evidence or information relevant to a criminal case. It is important for everyone to understand their rights regarding police interrogations – and even more importantly, to assert these rights effectively.

You Have the Right to Remain Silent

Most people have heard the phrase “you have the right to remain silent,” but few truly understand just how powerful this statement is. In the United States, we have a right to avoid self-incrimination that is protected by the U.S. Constitution. You cannot be forced to testify against yourself.  If you are ever arrested for a crime or brought into police custody for questioning, you do not have to answer the officers’ questions. Often, the police will imply or even outright insist that you will be better off cooperating with the interrogation. They may say something like, “We cannot help you if you do not talk to us.” Sometimes, police imply that the suspect will get a lowered sentence or reduced penalties if he or she confesses. Do not fall victim to these tactics.  

You Have the Right to Be Represented by an Attorney

If you were accused of a crime, the first person you should share any information with is your attorney. A skilled criminal defense attorney will understand how best to defend you against whatever charges you are facing. He or she will ensure that you do not worsen your situation by revealing information. Before you talk to police, talk to your lawyer.

Drunk driving is a criminal offense punished by fees, license revocation, and even jail time. The severity of the penalties associated with drunk driving charges depends on several factors including the person’s past criminal history.

If you were arrested for driving under the influence (DUI) and you have two prior DUI convictions on your record, the penalties you face are especially harsh. It is important to contact a DUI defense lawyer right away.  Your lawyer can help you understand your options, protect your rights as a criminal defendant, and determine the best way to defend yourself against the DUI charges.

Criminal Penalties for a Third Drunk Driving Conviction

Penalties for driving under the influence increase with each subsequent offense. Conviction for a third-time DUI offense in California is punishable by:

When we think of driver’s license suspensions and revocations, we usually assume that the person has lost his or her license because of drunk driving or another criminal offense. However, sometimes, commercial driver’s license holders lose their licenses due to no fault of their own. California has the authority to revoke a person’s driver’s license due to concerns about how a health condition affects their ability to drive safely.  

Mental and Physical Health Problems Can Lead to License Revocation

California law authorizes the DMV to revoke a person’s driver’s license if they have a medical condition that makes them unable to drive safely. Commercial driver’s license holders need their CDL to earn a living. Consequently, the risk of losing their license due to a mental or physical health condition is a very real concern.

Drivers may face license revocation or suspension due to:

Alcoholic beverages are an everyday part of our culture, so it is easy to forget just how profoundly they impact our bodies and minds. Alcohol decreases our reaction time, our impulse control, and impairs memory and concentration. Driving a vehicle while under the influence of alcohol can be extremely dangerous for the driver and everyone else on the road. Consequently, drunk driving is penalized harshly in California – especially if there is an accident resulting in injury.

If you or a loved one were charged with DUI resulting in injury, it is important to know what you are up against.

DUI Resulting in Injury to Another Person

In California, DUI with injury is a “wobbler” offense meaning it can be a felony or misdemeanor depending on the circumstances. The offender’s criminal history and the circumstances of the DUI accident impact the type of charge the person faces. Often, DUI resulting in injury to another person is a felony due to the nature of the offense. However, a skilled DUI defense lawyer may be able to get the charges reduced to a misdemeanor.

Charges for driving under the influence can lead to heavy fines, loss of driving privileges, and in some cases, jail time. However, there are many reasons that DUI charges can be dismissed or reduced. Often, the evidence police use to arrest someone for DUI is flawed. A skilled criminal defense lawyer can help defendants find inconsistencies and weaknesses in the prosecution’s case against them. DUI tests including breath tests, blood tests, and field sobriety tests can be inaccurate for many different reasons.

Are Field Sobriety Tests Good Indicators of Intoxication?

If police suspect that someone is driving while intoxicated, they may ask the driver to perform a series of physical actions called field sobriety tests. The most common field sobriety tests include:

• Walk and turn – The driver is asked to walk toe to heel in a straight line.

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Alcohol breath tests or “breathalyzers” as they are often called, test the amount of alcohol on a person’s breath. This information can be used to determine the test taker’s blood alcohol content (BAC). The results of breathalyzer tests are frequently used to prosecute drivers for driving under the influence (DUI). However, these tests are not infallible.

Testing devices that are not properly cleaned, regularly maintained, and administered correctly can yield inaccurate results. Even something as innocuous as a person’s diet may lead to inaccurate breathalyzer results. Recently, many people have questioned whether the increasingly popular keto diet could lead to false-positive breath test results and, consequently, charges for drunk driving.

Can Being Keto Really Affect Breathalyzer Tests?

The keto diet requires dieters to abstain from foods containing significant amounts of sugar or carbohydrates. This forces the body to use fat as an energy source. When fat is metabolized by the body, chemicals called ketones are produced. Ketones are chemically similar to isopropyl alcohol. If a breathalyzer test is not sophisticated enough to distinguish between isopropyl alcohol and ethyl alcohol, the alcohol found in alcoholic beverages like wine and beer, it is possible that ketones in the breath will cause the breath test to yield an artificially inflated BAC. However, advanced testing devices are able to differentiate between ketones and the ethyl alcohol found in alcoholic drinks.