Charged With DUI ?
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In California, as it is in other states, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. It is also against the law to drive under the influence of drugs – be it recreational, prescription or even over-the-counter. Depending on the nature and circumstances of the incident, driving under the influence may be charged as a misdemeanor or a felony offense. Regardless of the type of offense you are charged with, a DUI charge and conviction has the potential to change your life.
If you have been charged with driving under the influence of alcohol and/or drugs, it is important that you speak with an experienced DUI defense lawyer who can help fight the charges and erase or at least reduce the penalties. The consequences of driving under the influence could include losing your driver’s license, job loss, and potential jail time or probation.
In order to convict a defendant of a crime, the law requires that the prosecution prove each element of the alleged crime beyond a reasonable doubt. Under the law, even the prosecution fails to prove one element, the defendant must be found not guilty. In order to be convicted of a DUI, the prosecution must prove that the defendant was driving and that he or she was not able to drive as a sober driver would because he or she was intoxicated by alcohol and/or drugs.
This element is usually proven through driving patterns, field sobriety tests and the result of a blood alcohol chemical test. In addition, the prosecution must also prove that the defendant, while driving, had a blood alcohol concentration (BAC) of 0.08 percent or higher. Once again, this is proven through blood alcohol chemical tests and Breathalyzer tests.
These are just a sampling of defense strategies that are commonly utilized to fight DUI charges. For more information, contact our experienced Southern California DUI defense lawyers.