In California, it is illegal to drive a motor vehicle with a blood alcohol concentration (BAC) of more than .08%, because persons are considered to be impaired if they have that much alcohol in their system. Drivers under 21 are not allowed to have any alcohol in their system, while commercial drivers may have no more than .04% BAC.
If you have been charged with driving under the influence (DUI), then the capability of your defense team may determine the outcome of your future. Make sure that you have a tough and effective lawyer at your side by calling my firm, Kern Law, APC. I am wholly dedicated to providing the best possible defense for each and every one of my clients.
To test a person's BAC, police officers most often use a blood or breath test. The breath test is administered with a machine called a breathalyzer. Suspects blow into the machine and it tests the amount of alcohol in their mouth. The breathalyzer then calculates a percentage based on the mouth levels. An officer also might take a blood sample to be tested, which is a generally more reliable method of testing a person's chemical levels.
These testing methods are by no means fool-proof. The breathalyzer machine can have issues, such as:
improper calibration
lack of adequate cleanliness
incorrect test administration
lack of proper handling, storage, or testing of the blood sample
As a DUI lawyer, I know all the ways that officers and lab technicians may make errors, so trust me to find them!
If you have refused one of these chemical tests, then your license will automatically be suspended. California has an "Implied Consent Law", which means that any driver who operates a motor vehicle is automatically agreeing to submission of these tests. If you've already refused a breathalyzer or blood test, it may be possible to get your license suspension lifted at a DMV Hearing. You must request the hearing within 10 days of your arrest, so make sure to call my firm as soon as possible so we can begin working on your case together.
What are the DUI penalties?
If you are convicted of drunk driving, then you may be facing penalties including license suspension, fines, imprisonment, community service, installation of a vehicle ignition interlock device, and DUI school.
For a first offense, you may spend up to 6 months in jail, pay a fine maximum of $2,600, and get your license suspended for up to 10 months.
A second offense may land you a year in jail, $2,800 in fines, and a 2 year license suspension, as well as an installation of an ignition interlock device. This device will not allow your car to start until you blow into it and it determines that your BAC is lower than .08%.
With each offense, the penalties increase by major amounts.
Need a Lawyer for a DUI Case in San Diego?
Please do not hesitate to get in touch with Kern Law, APC to get an aggressive DUI attorney to fight for your rights. I am committed to your best interests, and I do everything in my power to obtain a favorable outcome for you. Find out how I've successfully defended others by visiting my case results page!
If you have further questions or want to begin working with my firm, contact me by calling my office to schedule your free consultation! Kern Law, APC, is able to serve clients throughout San Diego County, which includes the city of Lemon Grove, Mid-City, Grantville, Spring Valley, Bostonia, Eucalyptus, El Cajon, San Carlos, Granite Hills, La Mesa, Winter Gardens, Lakeside, and Santee!
I am well aware of the many police stops that occur along the local freeways, including:
