Unfortunately, many people make mistakes by drinking and driving. Because DUI is often charged as a misdemeanor, it’s easy to underestimate how serious the consequences can be. A DUI can remain on your record forever and, in some cases, may warrant a felony charge. If you’ve been arrested for a DUI, you need to take the charge seriously right away. As such, you should contact a DUI lawyer in Sacramento, California to help you navigate this process. Keep reading to learn more about what constitutes a DUI in California and the possible defenses you may be able to use.
What Constitutes a DUI in California?
In California, anyone driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher faces the charge of driving under the influence (DUI). Other factors, however, can influence whether charges are filed. For instance, a driver with a BAC below 0.08% may still be arrested if an officer observes signs of impairment. Stricter limits apply to commercial, rideshare, and taxi drivers, who face a lower 0.04% BAC threshold while carrying passengers.
California also enforces a zero-tolerance policy for drivers under 21. Under this rule, a driver under 21 who is found to have a BAC of 0.01% or higher can be charged with a DUI, even without obvious signs of impairment.
Although a first DUI is often charged as a misdemeanor, a conviction can still carry significant fines, the potential for jail time, license suspension, and informal probation.
What DUI Defenses Can I Use?
If you’re facing a DUI charge, understanding which defenses may apply to your case is essential. Because every case is different, you should retain an experienced DUI attorney as soon as possible after your arrest.
One of the most common ways to evade a DUI charge is to prove that the police had no probable cause to stop your vehicle. Without a valid reason, such as speeding, a broken taillight, or erratic driving, an officer generally cannot pull you over simply because you’re driving at night near a popular bar. If the stop was unlawful, any evidence gathered afterward, including your BAC results, may be ruled inadmissible in court. This protection stems from the Fourth Amendment, which guards against unreasonable searches and seizures.
Another reason you may be able to beat a charge is because of a faulty breathalyzer. These devices are used to estimate a driver’s BAC, but they are not infallible. In some cases, breathalyzers are improperly calibrated or maintained, the officer administering the test fails to follow proper procedure, or a driver’s BAC was still rising at the time of testing — a scenario sometimes called the ‘rising blood alcohol’ defense.
What Can I Do if I’m Facing Charges?
If you’re facing DUI charges, the most important step is to contact an experienced DUI attorney as soon as possible. Waiting too long to retain legal representation can limit your options and make it harder to protect your driving record.
At the Law Offices of Dale R. Gomes, we understand that a DUI charge can have significant impacts on your life. Our firm works to help clients navigate the complexities of the California court system and identify defenses that may apply. Contact a Sacramento DUI defense lawyer today to discuss your situation and explore the legal options available to you.