A DUI lawyer Sacramento knows how to make bold defenses. He could challenge testing conditions, equipment and methods. Else, he may question the law enforcement procedures. These tactics could assist safeguarding your employment records, driving privileges and personal independence. Get in touch with Crowell Law Offices (http://www.crowelllawoffices.com/) DUI defense lawyer for driving under the influence in Sacramento if you or someone you know is fighting a legal DUI battle.
Two DUI Types
There are a couple of ways to get booked for DUI in Sacramento, California. The first entails impaired driving due to alcohol or drug usage. The second type happens if your BAC or blood-alcohol content is 0.08 percent or more.
Though it may sound odd to see different DUI types in existence, the laws are in place to prevent any kind of irresponsible or reckless driving on Sacramento roads. The .08 number is just a yardstick. There are individuals who look risky on the road even if their BAC is below .08. And there are other drivers who have a much higher BAC than threshold but still manage to look sober and calm. The Sacramento road laws have been devised to prevent any impaired driver from taking the road, obviously including those with a higher BAC level.
Driver Impairment Test
To get charged with impaired driving, even when the BAC is below .08, the officer only needs to develop a reasonable suspicion about your impaired state.
The officer could confirm the probable cause in a few different methods. One is by observing your driving behavior or activity. The following go down as suspicious driving behaviors:
• Reluctance to get past a green light
• Switching driving lanes abruptly or too often
• Driving at very slow speeds
• Excessive speeding
After having pulled the vehicle over, the police offer would then begin observing your physicality and behavior. The following are a few physical traits and behaviors an officer could be looking for to confirm probable cause:
• Bloodshot or red eyes
• Alcohol smell
• Dilated pupils
• Erratic behavior
• Slurred speech
If the officer confirms you’re intoxicated, he would request you to move out of the car and undergo multiple field sobriety exams. These tests are for testing your motor and mental skills, which would help confirm your impaired or non-impaired state. Some of these tests include:
• Looking at a moving object, without losing aim and keeping the head still
• Walking a linear path, turning and repeating
• Performing a single foot balancing act, with your arms stuck to your sides
To possibly arrest you on DUI charges in Sacramento, the officer should confirm your BAC level is higher than or at .08 percent.
To accurately estimate your BAC, a device called breathalyzer is used. Blowing into a breathalyzer helps detect trace quantities of alcohol in your breath, which indicate the alcohol quantity in your bloodstream. If the reading is 0.08 or higher, you would most probably be arrested.
Implied Consent Law
The state of California is among the few territories with active implied consent laws in place. According to these laws, you’ve agreed to undergo drug and alcohol testing if you’ve been pulled over on grounds of DUI suspicion, provided you have a genuine state driver’s license. If you’ve been suspected for DUI in California and you do not take the breathalyzer test, your driver’s license could be suspended with immediate effect. Moreover, if you’ve had DUI convictions in the past and you don’t take the breathalyzer test, jail time becomes quite likely too.
Why Do You Need a DUI Lawyer Sacramento?
Drunk driving cases could be complex and so is the task of defending people who’ve been accused of such irresponsible behavior. Typically, a DUI case entails several layers of evidence and analysis. A general lawyer isn’t acquainted with the particular nuances of such a case, which a DUI lawyer is likely to have specialized knowledge and experience in. On your behalf, a DUI attorney could:
• Request measurements
• Ask for breathalyzer maintenance records
• Study and reanalyze the blood samples
The lawyer would put in every effort possible to:
• Challenge all the evidence presented in the court of law
• Exploit any flaws present in the case
• Reduce punishment levels and negotiate penalties
• Bring on-board expert witnesses
• Question license suspensions
The aforementioned are some of the various things a DUI lawyer Sacramento would do to increase your chances of winning the case, or at least reduce the punishment. A general attorney would usually not have the knowledge and presence of mind to dig the case deeper and present relevant arguments. It’s therefore advised to hire a specialized lawyer, since there’s a lot at stake.
Basically, there are two kinds of DUI in Sacramento, California. One depends on testing blood-alcohol levels of the driver and the other is based on the officer’s observations. According to Sacramento law, both forms of DUI are valid grounds for conviction and come with identical penalties and punishments.