Morgan Hill DUI Laws

BAC or blood alcohol concentration is the amount of alcohol by weight per unit of blood sample tested. The permissible blood alcohol concentration for drivers over the age of twenty one is up to 0.08%. This is an equivalent of 80mg of alcohol per 100ml of blood. If an adult driver over the age of twenty one is found to be driving with a blood alcohol concentration of 0.08% or higher, then a police officer can arrest and file charges of driving under influence. The blood alcohol concentration for drivers younger than twenty one is 0.01%. This is known as the zero tolerance policy. California prohibits underage drinking, applicable to all under the age of twenty one. BAC below 0.05% is cause for caution but it is not enough for a police officer to arrest an adult driver over the age of twenty one.

DUI blood alcohol level

Blood alcohol concentration is tested using a breathalyzer. If BAC is 0.01% or above, indicated as fail in a breathalyzer test, then the police officer can ask for a blood test or urine test. The tests will reveal the exact BAC. Drivers with blood alcohol level greater than 0.08% will be arrested and charged with driving under influence, drinking and driving or impaired driving. There may be additional charges depending on the events leading up to the arrest. The license is confiscated and a temporary slip is handed as a replacement. The accused has thirty days to challenge the impending suspension of license at a DMV hearing.

DUI charges are filed following an arrest and the case goes to trial, unless a defense lawyer can get those charges dismissed by proving to the prosecution that their case is flawed. If the case goes to trial, the arguments and counterarguments of the prosecution and the defense will eventually lead to the conviction or acquittal. The verdict will be read out by the judge in accordance to the established guilt or otherwise.

Arrested for DUI

California Vehicle Code Section 23152(a) deals with driving under influence offenses. The law clearly states that anyone who is driving or operating a vehicle while under any influence or impairment is committing a criminal offense. It is a serious crime punishable with license suspension, fine, jail term, probation and community service among others. The vehicle could be a car, motorcycles, bus or a vessel such as a boat. The influence and hence impairment could be due to alcohol, drugs, marijuana or other intoxicating substance. A conviction leads to a criminal record for the driver.

Morgan Hill DUI Laws

DUI conviction in California can lead to fine or jail term, possibly both. There may be probation too. The suspension of license is for varied periods of time depending on the history of the driver and the severity of the crime.
These are the minimum DUI punishments in Morgan Hill:

• First time offenders get license suspended for six months, probation for three years, a maximum of a thousand dollars as fine and ignition interlock device installation in all vehicles owned and operated by offender for a period of five months.
• Second time offenders get license suspended for twenty four months, probation for three years, a maximum of a thousand dollars as fine, ignition interlock device installation in all vehicles owned and operated by offender for a period of twelve months and jail term of up to a year.
• Third time and subsequent offenders get license suspended for thirty six months, probation for five years, a maximum of a thousand dollars as fine, ignition interlock device installation in all vehicles owned and operated by offender for a period of two years and jail term of up to a year.

There are additional fines for damage to property, bodily injury and fatality. The jail term can be extended for repeat offenders. The probation can also be longer. License suspension can be for a lifetime in the most serious instances.

 
Morgan Hill DUI Penalties

There are immediate and long term consequences of DUI in Morgan Hill, if convicted. The consequences of drinking and driving, impaired driving or driving under influence include:

• There will be a suspension of license and possible cancellation of license.
• Vehicle can be impounded.
• Monetary penalty includes administrative costs and possible lawsuits filed by those injured or harmed.
• Those guilty have to attending a treatment or education program.
• There is a criminal record that may or may not get expunged.
• There may be a jail term, probation and installation of breathalyzer in car, vehicle or vessel.

Consequences of Drinking and Driving

Only the most astute DUI defense lawyers in Morgan Hill can tell you how to beat a DUI charge in a specific scenario. There are some usual lapses in the procedures and mistakes of arresting officers that can be used to beat a DUI charge. You will need appropriate legal intervention to know if any of these will be effective in your case.

• The legality of a checkpoint stop for driving under influence can be challenged.
• Mouth alcohol is an effective defense in many cases.
• Medical grounds such as hiatal hernia, acid reflux and GERD are a potential defense.
• Low carbohydrate diets or ketosis due to diabetes is used as a defense.
• Violations of Title 17 can be used.
• A case of bad driving can be made, thus negating possibility of driving under influence.
• Radio frequency interference is a potential defense.
• It can be established that the accused was not driving at the time of the stop and arrest.
• Mental impairment can be questioned and reasonable doubt can be established.
• The probable cause for a stop and subsequent testing can be proved to be insufficient.
• The suspicion of driving under influence can be debunked.
• Field sobriety tests and their findings can be questioned.
• Blood alcohol concentration in the breath test result can be questioned.
• Blood tests and the findings can be challenged.
• The legality of the whole process of arrest can be challenged.
• Failure of the arresting officer to read the Miranda Rights is a common defense.
• Racial profiling and other types of misconduct can be cited.
• Rising blood alcohol content is a legally admissible argument.
• Absence of implied consent warning is also considered in relevant cases.

How To Beat a DUI

The cost of a DUI lawyer in Morgan Hill depends on various factors. Most cases go to trial and the duration of the legal proceedings will influence the cost. Cases that do not go to trials, such as if there is a plea bargain or if the charges are dismissed, will have different costs. The experience, expertise and specialization of a DUI lawyer in Morgan Hill will also influence the cost. Some cases are harder than others, thus requiring more time, effort and resources. These are some of the variables that determine the actual cost. Expert witnesses such as toxicologists may have to be appointed, private investigation may be warranted, technical assessments including tests and independent analyses may be required in some cases and other additional expenses will get added to the fees of the attorney or as a separate expenditure.

Cost of a DUI Lawyer

It is possible to get out of a DUI charge without going to trial. There may be flaws in the case, the evidence may not be sufficient to establish guilt, there could be procedural lapses or some illegality in the manner which an accused has been arrested, charged and treated. The prosecution must be convinced that their case is going to be effectively countered in trial. The flaws can be effectively highlighted by a deft defense lawyer and you can get out of a DUI charge. Here are two common defense strategies used to get out of a DUI.

• A DUI lawyer establishes irrefutable flaws that make it unsustainable for a prosecutor to take the case to trial and subsequently get a conviction.
• A DUI lawyer gets the prosecution to agree to a reduced charge and subsequently a plea bargain so the trial is shorter and the sentence is already agreed upon for a lesser crime.

How To Get Out of a DUI

The exact chances of getting a DUI dismissed depend entirely on the evidence available and the ability of the lawyer. Some cases are harder to defend than others. The quality of prosecution and the nature of assistance available from the law enforcement that supports the prosecutor will also have to be factored in. It is difficult to generalize but DUI cases do get quashed and charges routinely get dismissed even before the trial date is set.

Chances of Getting a DUI Dismissed

The most pleasant option for a defendant is to get a DUI dropped. This is only possible when the prosecution lacks enough evidence. The prosecution must establish in a court of law that the defendant is guilty beyond reasonable doubt. If a defense lawyer establishes reasonable doubt then the prosecution will fail to get a conviction. The prosecutor must be lead to believe and convinced to a large extent that their case is flawed and subsequently the charges may be dropped. Alternatively, the charges may be reduced. Reducing a DUI is basically agreeing to plead guilty for a lesser crime. Driving under influence is a criminal offense but speeding or reckless driving without being intoxicated or impaired is not. Prosecutors accept such plea bargains when they know the charges cannot be proven in a trial beyond all reasonable doubt.

How To Get DUI Charges Dropped

The prosecution will only drop DUI charges or reduce them if there is a sufficient and convincing reason. If a DUI is not dropped or reduced, then the case will go to trial and the defendant must be prepared to be questioned. There will be cross-examination of witnesses. Evidence shall be presented and countered. Various technical and legal aspects will be challenged and established. A defendant should be prepped by a defense lawyer to say what is in their best interest in a court during a trial. A professional DUI defense lawyer in Morgan Hill will easily train the defendant to say the right things and will take care of most other complex issues.

How To Reduce DUI Charges

There are many ways to convince the prosecutor to drop DUI charges or agree to a reduced charge.

• Defense can establish the illegality of a checkpoint stop and hence the subsequent arrest.
• Violations of Title 17 are acceptable grounds for the charges to be dismissed.
• It can be established that the defendant was not driving.
• The suspicion leading to the checkpoint stop can be questioned and disputed.
• Test results can be questioned and proven to be flawed or inconclusive.
• Blood alcohol concentration may be questioned.
• It can be asserted that the arresting officer did not read the Miranda Rights to the defendant.

DUI Defense Strategies

There are many ways to shield yourself from a conviction for driving under influence. The chances depend on the merits of the case, the strengths and weaknesses of the arguments and evidence presented by the prosecution, the expertise of the lawyer and possible plea bargains among other defense strategies that should be explored.

Chances of Winning a DUI Trial

DUI plea bargain is possible in one of two circumstances. If the prosecution has a weak case then it may be lead to drop the charges altogether. If the prosecution does not have enough evidence for the serious offense, it may be willing to reduce the charge and get the defendant to plead guilty. Driving under influence can be diluted to speeding, reckless driving or other lesser crimes with no mention of alcohol or other forms of intoxication. Defendants should not try to get a DUI plea bargain without the intervention of an expert lawyer in Morgan Hill, CA.

How To Get a DUI Plea Bargain

There are many strategies to defend against driving under influence charges. There cannot be a generic approach. The facts of the case will determine the relevance of every proven strategy. The best DUI lawyers in Morgan Hill will not only rely on proven tactics but also come up with new ways to defend you. This is why it is imperative to have the best lawyers by your side, whether you want to fight a DUI before a trial or in the court. Even if you want a plea bargain or that seems to be the best way out, it should be contemplated upon seriously so the strategy works to the desired effect.
 

How To Fight a DUI Charge

It is often necessary to attend a drinking and driving program following a conviction. California has licensed DUI schools all across the state. Only an approved program should be attended for anywhere from twelve hours up to two years in most cases. This program is necessary to get the license restored.

License is usually restored in:

• Six months after sentencing for first offenders.
• Two years for second time offenders.
• Three years for third or subsequent offenses.

 
First time offenders can get a restricted license for compulsory movements, such as to and from work, drinking and driving school or locations approved by the court.
 

Attending DUI Classes

An ignition interlock device or alcohol breathalyzer should be installed in the car for the mandated period of time. It is usually for up to five months after the first offense, up to a year for second offense and up to two years for third offense or subsequent offenses. Repeat offenders may have their license suspended for life.
 

Alcohol Breathalyzer Installation

You should immediate contact us if you are caught drinking alcohol and driving. You should always have appropriate legal counsel and representation to defend against the harsh driving under influence charges in Morgan Hill, California. The entire trial will be based on technical merits of the case and they must be refuted resolutely.

Drinking Alcohol and Driving

A police officer can stop any vehicle if the driver is suspected of drinking and driving, impaired driving or driving under influence. A breathalyzer test is conducted at the scene or checkpoint. If the test shows fail, which is indicative of blood alcohol concentration being over 0.1%, then the police officer can ask for a blood or urine test. The finding of the test will establish the actual blood alcohol concentration. If it is 0.08% or higher, then the officer can arrest the driver and file the charge of driving under influence. Additional charges may also be filed depending on the specific events. The charged driver should be read all the rights and no procedural requirement should be violated during the process. Any errors made by the arresting officer can be challenged and the whole case may get dismissed. It is imperative you hire an experience, knowledgeable, resourceful and reliable DUI lawyer in Morgan Hill, California, to represent you immediately after an arrest.

DUI Arrest Process