California has tough penalties in place for anyone convicted of driving under the influence. Drivers can have their license revoked, incur heavy fines and even face jail time for DUI. That’s why it’s important to work with an experienced Orange County DUI defense attorney when law enforcement makes allegations against you. At the Law Offices of Scot T. Neudorff, we are ready to mount a DUI defense on your behalf.
How Do DUI Charges Work?
The blood alcohol standard of .08 percent that California uses is quite low. It doesn’t take many drinks to surpass it. And, the state uses two other even lower breathalyzer numbers in specific cases. The .08 percent applies to drivers over the age of 21. If you are operating a commercial vehicle, the failure rate drops to .04. That basically amounts to about one drink. If you are under the legal drinking age, a .02 percent test constitutes driving under the influence.
Can I Refuse A Breathalyzer?
Obviously, you cannot be forced to incriminate yourself. However, California uses the “implied consent” rule. That means that by applying for and accepting a driver’s license, you consent to be participate in DUI testing. Based on that application of the law, refusal can result in automatic penalties such as revocation of your driver’s license being reported to the DMV.
What Are The DUI Penalties?
For those that refuse to take a breathalyzer, your driver’s license will likely be suspended for 1-3 years depending on the number of DUI offenses on your record. If you are convicted, the penalties increase with each offense. First-time offenders can face up to 6 months in jail, $1,000 fine, ignition lock devices and loss of license. Commercial drivers face even tougher penalties. If you cause injury to another person or have three prior DUIs within the last 10 years, the state could enhance a charge to a felony.
Defending A DUI
While implied consent may be the rule of law in California, an experienced attorney can challenge police procedure and test results. False or inaccurate breathalyzer results do occur. Just because the state levels an allegation against you does not mean they will be able to secure a conviction. In many cases, an experienced Orange County DUI defense attorney can negotiate with prosecutors for reduced charges or a dismissal for false accusations. But when the state won’t be reasonable, we won’t hesitate to make them prove every inch of their case.
At the Law Offices of Scot T. Neudorff, we are ready to work to defend you!