How Your Blood-Alcohol Content Level Could Impact Your Sentence for DUI
How Your Blood-Alcohol Content Level Could Impact Your Sentence for DUI
California Vehicle Code Section 23153(a) states that it is against the law to drive while under the influence of alcohol or drugs. However, California DUI laws are not simply cut and dry. If you are convicted of DUI, how you are sentenced will depend on a number of factors, including your blood-alcohol content (BAC) level at the time you were driving. Blood Alcohol Level of .08 California Vehicle Code section…
Read MorePros and Cons of Refusing to Take a Portable Alcohol Screening (PAS) Test if You’re Stopped for DUI
If you’ve been stopped on suspicion of DUI, you have the right to refuse to take a PAS test if you are over the age of 21. According to California Vehicle Code Section 23612 (5) (i)1, the officer who stopped you has the duty to inform you that the preliminary test is voluntary. But there are pros and cons to every situation, and you should be aware of what could…
Read MoreCan Your License Be Suspended If You Initially Refuse To Take A BAC Test But Later Consent?
In 2010, the Los Angeles Daily Journal Appellate Report reported that Benito Garcia’s driver’s license was properly suspended after he refused to submit to a chemical test following his arrest for drunk driving. Garcia had been driving erratically and was pulled over. Officers noticed a strong odor of alcohol on Garcia’s breath and other signs of intoxication and administered a field sobriety test, which he failed. The officers arrested Garcia…
Read MoreCan Police Force You to Submit to a Blood Test at a DUI Stop?
The U.S. Supreme Court recently ruled in Missouri v. McNeely that police do not have a right to force you to take a blood test during a DUI stop.1The Fourth Amendment to the Constitution protects you from unreasonable searches and seizures. Because of this ruling, if a cop forces you to submit to a blood test during a DUI stop, the test could be considered illegal and the results will…
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