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California has tough laws in place when it comes to driving under the influence, particularly when alcohol is involved. If you are going out for the evening and will have alcoholic drinks, go with a friend who is willing to be the designated driver. This means that a friend does not drink at all during the evening and both of you will get home safely.

Driving Under the Influence (DUI)

DUI covers both alcohol and drugs in a person’s system which impair driving skills. Prescription drugs and alcohol are taken at the same time can be a very dangerous situation, potentially leading to death for that person. Driving while intoxicated (DWI) refers only to alcohol.

A person who is given a field sobriety test for alcohol content, and possibly a chemical test, if drugs are suspected, can expect to be arrested if any of these tests fail. It is wise to take the tests, rather than refusing to take them, as penalties will be harsher.

If an adult driver has a blood alcohol content (BAC) of .08, then that person is considered intoxicated and will likely be arrested. Drivers under 21 fall under the “zero tolerance” laws in that if there is any alcohol in their system, they will be immediately penalized.

DUI cover both alcohol and drugs in a person’s system which impair driving skills

A Case of DUI: A Scenario

Sally Paulson (not her real name) had gone to her favorite bar for the evening after eating a quick dinner. She wanted to spend time with her friends, those regulars who usually showed up and provided lively discussions about life’s problems and saving the current government from imminent doom.

She had also just been told earlier that day by her boyfriend, Bill, that he was leaving her. This was something she had not even seen coming and she was still in shock. Her best recourse, she decided, was to have a few drinks and spend time with her friends who were always happy to see her.

She spent the evening at the bar, enjoying several glasses of red wine along with a few shots that were put in front of her by her sympathizing friends. She still felt depressed about the end of her relationship at the end of the night. Sally left with her last remaining friend as the bar closed their doors. Once she reached her car and got inside, she started the car and headed home.

Sally knew she was a little too drunk, but she went down a few back roads to avoid any police on the main roads. Unfortunately, she got caught going too fast down one road and when the police stopped her and administered the BAC test, she had a BAC of .08.

The police took Sally to the station. She decided on the way there, that next time she was depressed, she would just stay home instead and watch a few movies with her bottle of wine instead.

When Sally got to the station, she called a criminal defense attorney she knew and hoped for the best. She waited until she had her consultation with the attorney before answering any questions. This was her first offense and she hoped the penalty was not too high.

If you have been charged with a DUI, call us at once for a consultation. We can help you. 619-234-2300

Author Photo

Kerry L. Armstrong

Attorney Kerry Armstrong opened up his law firm, the Law Offices of Kerry L. Armstrong, APLC, in June 2007. In 2014, 2015, 2016, 2017, 2018, and 2019 Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys. In 2017, he was also selected for the Super Lawyers Top 50 in San Diego list. In 2014, he was selected as a Top Attorney by Los Angeles Magazine. Additionally, Mr. Armstrong was also named as a Top Attorney by the San Diego Business Journal in 2014.

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