Legal Solution
The response provided below is specific to dui & dwi attorneys in the jurisdiction of California. If the response is inadequate, please submit a detailed inquiry.
Legal Implications of DUI Charges Below the Legal Limit
Relevant Legal Provisions
- California Vehicle Code Section 23152(a): Driving under the influence of alcohol or drugs
- California Vehicle Code Section 23152(b): Driving with 0.08% or more of alcohol in the blood
- California Department of Motor Vehicles
Potential Resolutions for Your Situation
First and foremost, you should find the right lawyer who specializes in DUI & DWI cases to guide you through the process. While you were below the "per se" legal limit of 0.08% BAC, California law allows for a DUI charge if the officer believes your driving was impaired due to alcohol or drugs, regardless of the BAC reading. This is often a subjective assessment. A skilled attorney can challenge the officer's observations and the circumstances surrounding your arrest. Moreover, the calibration and functionality of the breathalyzer machine can also be contested. You can also compare lawyers in your area to find the right lawyer who can help.
Cost Implications
Service |
Average Cost in Long Beach |
% Difference from National Average |
Initial consultation with a DUI lawyer |
$250 |
+10% |
Complete representation for a DUI case |
$2,500 |
+15% |
Plea bargain without trial |
$1,500 |
+5% |
DUI trial representation |
$5,000 |
+20% |
DMV hearing representation |
$800 |
+8% |
Note: Prices in Long Beach tend to be higher due to the higher cost of living and the dense population which can lead to a higher demand for legal services.
Complexity of DUI Cases Below the Legal Limit
DUI cases, even when one is below the legal limit, are intricate because impairment is subjective and can vary from person to person.
- Case Study 1: A driver in Long Beach had a BAC of 0.06% but was swerving due to fatigue. The charge was dropped after the defense demonstrated that the erratic driving was due to tiredness and not impairment from alcohol.
- Case Study 2: Another individual with a BAC of 0.07% was arrested after a minor accident. The attorney was able to prove that the accident occurred due to a mechanical failure in the car rather than the driver's impairment.
- Case Study 3: A driver was charged despite having a BAC of 0.05% because they failed the field sobriety tests. The defense successfully argued that the failure was due to the driver's medical condition, not alcohol impairment.
Questions for Further Clarification
- Were you given field sobriety tests? If so, do you believe you performed them well?
- Were there any witnesses who can attest to your sobriety or behavior prior to driving?
- Were there any other factors, like medications or medical conditions, that might have influenced your behavior or the results of the tests?
Q1: Can I be charged with a DUI even if I'm below the legal limit?
Yes, in California, you can be charged with a DUI if the officer believes you were driving impaired, regardless of your BAC.
Q2: Will a DUI affect my commercial driving license?
A DUI can have significant implications for a commercial driving license. Depending on the circumstances, you might face suspension or even revocation of your CDL.
Q3: How long does a DUI stay on my record in California?
A DUI can remain on your driving record for 10 years in California. This can affect insurance rates and employment opportunities.
Q4: Can I refuse a breathalyzer test?
While you can technically refuse, doing so can result in immediate suspension of your driving privileges and can be used against you in court.
Q5: How can I compare lawyers in my area to ensure I get the best representation?
You can compare lawyers in your area by reviewing their experience, client testimonials, and specialization in DUI & DWI cases. It's essential to have a skilled attorney by your side in such matters.
Disclaimer
This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.
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