San Rafael Alcohol and Driving Laws
Laws Regulating Drinking Alcohol and Driving in San Rafael, California
DUI charges can lead to severe punishments if guilt is proven in a court of law. The laws regulating drinking alcohol and driving in the state of California are among the most stringent in the country. You should seek legal counsel and appoint a specialized DUI Lawyer in San Rafael, immediately after an arrest.
Introduction to Alcohol and Driving Laws in San Rafael, California
DUI is regulated by the California Vehicle Code. Charges of drinking alcohol and driving are prosecuted as per the Criminal Code of California. As per the California vehicle code, drinking alcohol and driving can lead to license suspension. The suspension could be for six months or longer depending on history of committing the same or similar offense. The Criminal Code has provisions for financial fines and additional penalties, jail time and community service among others. There will be a criminal record in your file and you will have to deal with the serious consequences of drinking alcohol and driving in California. Appoint an experienced DUI lawyer in San Rafael for appropriate representation in a court and to prepare your defense.
We have the most astute San Rafael DUI lawyers who have unmatched experience of actual trials. Our DUI lawyers in California are not only knowledgeable and resourceful but they also work on the ground, investigating the case beginning with an inspection of the scene, carrying out fact-finding missions and discovering evidence to be used in different kinds of defense strategies. Our DUI lawyers in San Rafael are aware of all the proven techniques to win cases and can also come up with unprecedented tactics to help your defense.
The Specific Laws against Drinking Alcohol and Driving in San Rafael
California Vehicle Code 23152 clearly states that drinking alcohol and driving, impaired driving or driving under influence is a criminal offense. The law explains that anyone who is impaired or under influence and operates a motor vehicle or other vessels including trains and aircrafts, either actively operates or assists, is committing an offense. This is regardless of the state of the vehicle, whether in motion or with the impaired person at the controls.
There are subsections such as 23152(a) stating the activity of drinking alcohol and driving is unlawful, Section 23152(b) illustrates it further mentioning the permissible limit of blood alcohol concentration that is set at 0.08% or more, which is around 80mg of alcohol per 100ml of blood, Section 23152(e) includes impaired driving under the influence of drugs and 23152(f) clearly brings in impairment due to influence of alcohol and drugs among other intoxicating substances. Blood Alcohol Concentration or BAC should be less than 80mg per 100ml of blood or 0.08% to steer clear of DUI charges in San Rafael and across California.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in San Rafael
Types Of DUI Charges:
Consequences Of A DUI:
Over 80 Charges against Alcohol Drinking and Driving in San Rafael
The typical DUI cases wherein the defendant is accused of alcohol drinking and driving in San Rafael are referred to as over 80 charges. The over 80 cases are so called because of the legal limit of alcohol concentration in the blood. Traces of alcohol in the system should not exceed the permitted limit of 80mg per 100ml of blood. This is at the time of the sobriety test and initial blood test, not later when the traces of alcohol may have declined in the blood and hence lack of impairment is easier to prove.
DUI is one of the most effectively implemented laws in the state. California also has a zero tolerance policy towards underage drinking and driving. The law enforcement is adequately trained and properly equipped to handle DUI cases.
The police are also steadfast when it comes to drinking alcohol and driving. They are unlikely to make an error unless a particular cop is not abiding by the clearly laid down instructions of the law. Appoint a DUI defense lawyer in San Rafael who routinely handles trials and secures favorable verdicts to strengthen your case.
Breathalyzer Tests and Readings for DUI Charges in San Rafael, CA
The most common test to prove DUI uses a breathalyzer. There may be subsequent blood test and possibly urine test as well. Breathalyzer is a reliable device but it does have questionable readings. First of all, breathalyzers may be calibrated wrongly and hence may produce inaccurate readings. Breathalyzers do not measure the exact level of blood alcohol concentration but a range. It simply states if a possible accused has failed or is in the range of caution. There is a safe range as well.
As a citizen, you may choose not to give your breath sample or blood and urine sample for that matter. There are legal consequences but the task of proving the offense is up to the prosecution with help of the law enforcement. The accused only needs to defend their case when the prosecution is in the process of succeeding at establishing guilt. An experienced DUI lawyer in San Rafael can counter the arguments and claims presented by the prosecution.
Penalties Imposed in DUI Convictions in San Rafael
There are varying penalties applicable if charges of alcohol drinking and driving are proven in San Rafael, CA. The quantum of fines and severity of punishments vary depending on the seriousness of the offense and past criminal record.
Penalties for First Offense
- Suspension of license for up to six months.
- Probation for up to five years.
- Jail term for forty eight hours up to six months.
- Up to a thousand dollars fine.
- Ignition interlock device usage for up to five months.
Penalties for Second Offense
- Suspension of license for up to two years.
- Probation for up to five years.
- Jail term for ninety six hours up to a year.
- Up to a thousand dollars fine.
- Ignition interlock device usage for twelve months up to three years.
Penalties for Third Offense
- Suspension of license for up to three years.
- Probation for up to five years.
- Jail term for five days up to three years.
- Up to a thousand dollars fine.
- Ignition interlock device usage for twenty four months up to three years.
The sentencing is much more severe if there was an accident as a result of impaired driving, if there was damage caused to any property and if anyone was injured or killed. Always have an experienced DUI defense lawyers in San Rafael to get the alcohol and driving charges dismissed in California.
Experienced Defense Lawyers for Alcohol and Driving Charges in San Rafael, California
Contact our San Rafael DUI Lawyer if you are arrested for alcohol and driving in San Rafael, CA. Our team of lawyers has the necessary skills and expertise to defend you in court. Over the years, we have achieved consistent and favorable results on behalf of our clients. Call us today and get more information on our outstanding services.
San Rafael DUI Defense Attorney
