Many people have questions about how to handle a pending DUI case or what to do if they are stopped on suspicion of DUI. It is important to note that each case is different. If you want specific answers, a Los Angeles DUI attorney can assess your case and provide relevant information. Searching for “traffic ticket attorney Santa Ana” can help you find qualified legal professionals near you. In the meantime, reviewing some common DUI questions and answers can give you some important general background information.
What Conduct Can Result in DUI Charges?
The law prohibits driving under the influence of intoxicants. In the case of alcohol, this means a blood alcohol count of .08 or higher. Generally, when the intoxicant is a drug, charges can result from any amount at all for illegal drugs.
Can I Get a DUI for Taking Prescribed Medication?
Many prescription and over-the-counter medicines can affect the ability to drive safely by causing drowsiness, dizziness, slow reaction times and other effects. To convict for DUI based on taking a legal drug, prosecutors must show a) that the driver had the substance in his or her system and b) that the driver was actually impaired by it.
What Happens During a DUI Stop?
Police officers usually ask for license and registration. They ask the driver to take a breathalyzer test to measure BAC. They may also ask the driver to take a field sobriety test to gauge mental presence and physical coordination. Drivers should be aware that following the officers’ instructions precisely is a major part of passing this test. There are many reasons people fail the field sobriety test, such as health conditions. You are not obligated to agree to the test and should avoid doing so if you think you may fail for any reason.
Officers may also ask you questions, such as where you are coming from and whether you have been drinking. You do not have to provide this information. Nor do you have to consent to a search of your car.
Do I Have To Agree to the Breathalyzer?
If you are over 21 and not on probation for a prior DUI, California law does not obligate you to take the handheld breathalyzer test. However, in case of refusal, officers may arrest you and take you to the station for blood testing or breath testing with a stationary breathalyzer.
Does Failing the Breathalyzer Always Mean a Conviction?
People often make the mistaken assumption that a high BAC reading on a handheld or stationary breathalyzer means there is no way to fight the charges. However, experienced lawyers know that there are numerous reasons aside from intoxication that can cause this, from poorly controlled diabetes to the police department’s failure to keep the breathalyzer in good repair.
What Is the Best Way To Fight a DUI?
Consulting a DUI lawyer as soon as possible gives you the best chance for an optimal outcome. A DUI conviction can result in serious legal penalties. It can also lead to losing your driver’s license temporarily or permanently. A search for “traffic ticket attorney Los Angeles” can help you locate qualified attorneys with experience in handling DUI cases in your area.