DUI Atttorneys California

If you have been stopped for suspicion of driving under the influence before you answer any questions by the police you need to request your right to attain a DUI attorneys California. Any question you answer without your lawyer present will result in only the incriminating answers you give being in the police report.

The state of California has two drunk driving laws which are found in Vehicle Code section 23152; sections (a) and (b). Law 23152(a) states that it is considered a misdemeanor to drive under the influence of drugs and/or alcohol. Law 23152(b) states that is it is considered a misdemeanor to drive with a blood alcohol of 0.08 percent. In the majority of cases both 23152 (a) and (b) offenses will be charged. Regardless of the fact that there is only one act, the law states that a person who is charged with drinking and driving can be convicted of both offenses but can only be punished for one. The penalties for both (a) and (b) are the same.

There are many rights that a DUI attorney California will make you aware of, rights that are commonly ignored by the police. They are:

· There has to have been sufficient facts that constituted ‘probable cause’ for the police to have stopped, detained, and arrested you.

· Submitting to a portable field breath test or field sobriety test is not a requirement by law.

· If the police do arrest you, you must be advised of your constitutional rights, the Miranda warning, before they can question you further.

· The police are required to give you a choice of either blood or breath testing. If you refuse either, you must be advised and made aware of the legal consequences of your decision.

· If you are given a breath test at the police station you must also be given the chance to obtain a blood sample for later testing by your defense lawyer, since breath samples are not saved.

There are many things pertaining to the laws of drinking and driving that the regular person will not know. That is why it is of the utmost importance for you to seek the immediate council of an experienced DUI attorneys California if you have been stopped, arrested, and charged with a DUI offense. When your future is at stake, a DUI charge is nothing to mess around with.

Last Updated ( Tuesday, 09 September 2008 03:59 )

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