There’s one thing you must understand: An arrest does not mean you are guilty.
Even if the officer said you failed the field sobriety test or even in the chemical test showed a blood alcohol of 0.08 percent or higher, you can still fight your DUI charge. Don’t do this alone. Fight for your innocence with the help of a Salinas DUI attorney at the Law Offices of Charles H. Shivers.
Work with DUI Proven Lawyer Charles H. Shivers.
The defense strategies we use differ greatly from case-to-case, depending on the nature of your alleged offense, any prior arrests/convictions, and even what court your case will be handled in. We’ve been doing this a long time, and with experience comes familiarity.
Overview of DUI Charges in California.
California’s main drunk driving law can be found in the Vehicle Code § 23152:
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under combined influence of any alcoholic beverage or drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
In order to be arrested or even stopped under suspicion of DUI, a law enforcement officer must have a lawful reason for doing so-or, in other words, the officer must have “probable cause.”
If an officer stops you while driving, and the officer believes you may be under the influence, they will ask you to submit to field sobriety tests, At this point, you are not under arrest. Only after lawful arrest will you be required to submit to chemical testing to determine blood alcohol concentration (BAC). Refusing a chemical test grounds for automatic license suspension.
California’s 10 day rule
If you are tested to have a BAC of 0.08 percent or greater, less for commercial and underage drivers, then you will likely be charged with DUI and your license will be suspended. However, you do still have the right to both an administrative and criminal hearing.
The DMV hearing (administrative) will evaluate your right to drive and the criminal hearing will deal with your criminal charges. It is essential to request a hearing with the DMV within 10 days of arrest for DUI. If you don't do this, you lose the right to have an administrative hearing with the DMV and will have your license automatically suspended.
Contact Experienced Salinas, Carmel, and Monterey DUI Lawyer Charles H. Shivers today for a free consultation. (831) 751-1667.