Pasadena DUI Laws: What You Need To Know California DUI Laws are set in place to help prevent accidents, injury, and even death. California DUI Laws are written by the California Vehicle Code (VC). The penalties associated with a DUI Conviction will vary depending on whether it is your first offense or if you have prior convictions. It does not matter how much alcohol was involved in the accident; all that matters is that your blood alcohol content was over the legal limit. First Offense DUI In Pasadena The penalties associated with a First Offense DUI are as follows: Fine of $390-1000 Jail time for 96 hours to 6 months (depending on prior convictions) **Minimum 48 hours in jail if the DUI caused an accident involving injury or death Driver’s license suspension…Read More
Sobriety Tests: What You Need To Know A breathalyzer test is used to detect the amount of alcohol in a person’s bloodstream through their breath. Along with roadside sobriety tests, the results are used to determine if a person should be arrested for a DUI. But could the test be wrong? Here’s what you should consider. Breathalyzer Basics To Understand There are three versions of a breathalyzer machine that each work differently to measure the amount of alcohol in a person’s bloodstream. Infrared spectrometry is highly accurate but is a cumbersome device that requires a lot of space. Semiconductor testers are often used for personal BAC testing and are the least accurate of the three. Fuel cell breathalyzer tests are what most law enforcement officers use in the field to test BAC…Read More
Can You Challenge Breathalyzer Test Results In California? When a person is pulled over and the law enforcement officer suspects the person has been drinking, they will typically issue a breathalyzer test. If the results are over the legal limit of 0.08% BAC, the person is generally arrested. Contrary to popular belief, breathalyzer results don’t clinch a guilty verdict. Here’s how you can challenge the validity of the results and increase your chances of a case dismissal. Did The Officer Properly Service And Calibrate The Breathalyzer Equipment? Law enforcement has a variety of protocols required to ensure that each breathalyzer is properly calibrated and serviced. A log is usually kept of when the equipment was last serviced or calibrated. Your DUI attorney should obtain this information to determine whether or not the…Read More
Facing Your Second DUI Offense? If you have been charged with driving under the influence of alcohol for the second time in California, you stand to incur some harsh penalties. Here’s what you need to know about second time DUI offenses and how to protect your rights under the law. When Is A Second Offense Charged? California has a “lookback” period of 10 years. If you are arrested for driving while intoxicated two times in 10 years, the second offense is charged as a second offense. However, if you are arrested for driving while intoxicated two times in 12 years, the second offense will be charged as a first offense. Once 10 years has passed, your record “resets” back to zero. Penalties For A Second Offense DUI In California Unlike a first offense DUI, a…Read More
Participating In A Field Sobriety Test If a police officer pulls you over and suspects that you have been drinking and driving, he will likely request that you perform a variety of roadside sobriety tests. These tests are commonly used in California to help an officer determine if a person is driving under the influence of alcohol or drugs. However, these tests are highly inaccurate and may work against you, even if you were driving sober. Do you have the right to decline them? What Are Roadside Sobriety Tests? A roadside sobriety test, also called a field sobriety test, is a simple test that can help identify individuals who have been drinking. There are three types of roadside sobriety tests commonly used in California, including: The Walk & Turn The driver is…Read More
Facing A First Time DUI? Getting arrested for drunk driving is a frightening experience. Knowing what you’re up against and how you can best protect your rights under California law is critical to defending yourself against DUI charges. Here’s what you need to know about penalties for first time DUI charges and what your next step should be. What Qualifies As A DUI In California? The burden of proof in a DUI case is always on the prosecution. The prosecutor must prove that you were A) driving a motor vehicle and B) you had a BAC greater than 0.08%. In some cases, a defense attorney may be able to argue that the defendant wasn’t driving, like if the defendant was in a parked car “sleeping it off” before driving. Penalties For A First…Read More
Were You Charged With A DUI? Being placed in handcuffs is no doubt a terrifying experience. Regardless of what condition you are in at the time of your arrest, fear is likely one of the emotions that you will deal with. What happens next? How do I get out of this? Am I going to lose my license? You will have so many questions and it can be hard to take a deep breath and figure out your next steps. It is vital that you have an experienced Los Angeles County DUI Attorney at your side to help you navigate the process. So what do you need to know? Let’s go over some details that you need to be aware of. What Constitutes A DUI Under California Law? You are innocent until…Read More
Yes, It’s Possible To Have An Inaccurate Breathalyzer Test Result There are a number of reasons why a breathalyzer test may come up positive thereby resulting in your arrest for a DUI Charge in Pasadena. Were you charged with drinking and driving? Here are some factors that may have contributed to a false positive in your test: Alcohol Concentration In Your Mouth Normally, in preparation for a breathalyzer test, law enforcement may ask you to take a moment, inhale and take a deep breath. You’ll then exhale before blowing into the breathalyzer machine. The reason for the latter is that the machine is said to measure the alcohol levels in your lungs. In theory, the lungs are thought to be able to correctly calculate the measure of alcohol in your body. Unfortunately,…Read More
Breathalyzer Tests Are Notorious For Being Inaccurate There are multiple factors that can cause a positive breathalyzer test, leading to an arrest and a DUI charge. If you failed a breathalyzer test and were charged with drinking and driving, the following could have caused inaccurate results. Elevated Mouth Alcohol Typically before a breathalyzer test, police officers will ask an individual to take a deep breath and blow into the machine. This is because breathalyzer tests are designed to measure the level of alcohol in a person’s lungs. The lungs are believed to accurately indicate the amount of alcohol present in the entire body. However, it’s not uncommon for a person to have elevated mouth alcohol, which can skew the test results. In these cases, the test is not reading the alcohol in…Read More
