What is Drunk Driving?
Drunk Driving is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit. Drunk driving is also known as driving under the influence (DUI) or driving while intoxicated (DWI). In most states, a person’s blood alcohol concentration (BAC) needs to be over a certain limit before they can be charged with drunk driving. Many states have “zero tolerance” laws for minors (under 18 years old), meaning that they can’t have any alcohol in their system while driving.
What are the consequences of a Drunk Driving conviction?
For most first-time drunk diving offenses, penalties may include criminal fines, possible jail time, and temporary suspension of driving privileges. Penalties may be more severe for a repeat DUI offense or if any persons were seriously injured as a result of the defendant’s drunk driving.
What are some defenses to a Drunk Driving charge?
Possible defenses for a drunk driving charge include:
- Inadmissible or Faulty Test Results: BAC levels are often determined through the use of equipment such as a breathalyzer. If it can be proven that the device was faulty or inaccurate, the test results may be deemed inadmissible.
- No Impairment: a claim that the defendant was not actually impaired or under the influence of alcohol
- No Probable Cause: Police need probable cause to stop or arrest a person for drunk driving.
- Not Driving at the Time: If the police officer only observes the person sitting in their parked car (and not actually driving), they may not have grounds to make a drunk driving arrest
Contacting a criminal defense lawyer in Los Angeles
If you are accused of drunk driving, you should contact Ken Behzadi immediately to learn more about your rights, your defenses, and the legal system process.