DUI with excessive BAC or Driving under the Influence of Alcohol is charged when a person drives a vehicle while being over the limit of alcohol. Being over the limit means that the person has consumed more alcohol than the state limits. The penalties for DUI with excessive BAC can range from heavy fines and jail time to intensive DUI courses. The best way to prepare for this charge is to consult a superior DUI lawyer who has experience dealing with cases similar to yours.
In most of the DUI cases in San Diego, California, probation is first offered before the defendant goes to jail.
A probation period is usually one month and can be extended by up to three years. The DUI attorney will inform you of your rights under the law, but it is in your best interest not to try to fight the initial charge, because your chances for a reduced sentence are slim. You should also note that California has mandatory minimum DUI sentences which means that even if you have been given a jail sentence for DUI, your penalties are still quite severe.
The penalties for DUI with excessive BAC include jail time, fines, loss of license, probation, counseling, community service and DUI schools.
If you already have a criminal record, your insurance premiums may increase. To make things worse, San Diego DUI attorneys tend to take most of their fees from the jail population. If you are convicted of DUI, the last thing you want is higher rates from your auto insurance provider.
When a San Diego DUI attorney has his or her client arrested, he or she is very likely to find that the charge has been upgraded.
This means that the new offense has more severe penalties. The attorney may then recommend that the client seek to have the case dismissed. Although many people are hesitant about fighting charges such as DUI with excessive BAC, the fact remains that a strong case can be made and the client should seek the help of a knowledgeable lawyer.
One common scenario in which a DUI case is tried before a judge includes a Breathalyzer test results versus a blood test result.
If the defendant has failed the breathalyzer test, then the judge will require him or her to take a blood test. However, blood tests are considered more reliable than the breathalyzer test results and therefore, the defendant does not have the same chance of getting a fair trial with blood as well. In addition, it has been found that some DUI cases have been reduced to reckless driving due to a defendant’s refusal to take a chemical test. This means that the client may receive less than what he or she really deserves if he or she appeals to a superior court.
A DUI with an excessive BAC defense attorney can successfully get his or her charges dismissed when the client is properly represented by an experienced attorney.
It is essential that a DUI defendant understand that he or she has a right to due process before being arrested and tried in court. This means that any evidence against them must be presented by a competent witness and that they have the right to hire their own attorney, if the court lacks one. DUI charges can be very serious, and they should not be handled lightly by the state.