You Do Not Have to Be Drunk to Be Arrested for Driving Under the Influence – Part 1

By DUI Defense Attorney on November 16, 2009

In our three-part series discussing how you do not have to be drunk to be arrested for DUI, we begin by stating that in a sense, the phrase “drunk driving” is a misnomer. You do not have to be “drunk” to be deemed “under the influence” or “impaired” for purposes of a DUI arrest, prosecution and conviction.

The relevant inquiry is whether your ability to drive was “impaired” such that you were not as cautious or alert as a non-drinking person would have been in similar circumstances. Proving and disproving this requires a thorough analysis of the facts and circumstances surrounding the stop of your vehicle and subsequent DUI investigation.

If you or someone you love has been accused of a driving under the influence in California, it is important to promptly contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-764-2615 or www.wklawdui.com for a consultation of your case. We can help you.

Read part 2 on this topic in the next blog posting.

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