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Why Did I Get Charged with a DUI in Long Beach Even Though I Was Below the Legal Limit?

This legal question related to dui & dwi attorneys in California has been answered.

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Location: California  |  Law type: dui & dwi attorneys
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So, here's what happened. I went out with a few colleagues in Long Beach for some drinks. I'm usually good at counting my drinks and making sure I stay below the limit, so I felt pretty confident driving home. I got pulled over, though, for a broken taillight, and the officer smelled alcohol. Long story short, even though my breathalyzer test was under the legal limit, I got slapped with a DUI. I'm really confused and scared about this whole situation. Like, how's that even possible? Is this gonna stay on my record forever?

  • I thought the legal limit means you're good to drive, so why did I still get charged?
  • What do they mean when they said I was "impaired" even if I was below the limit?
  • Is there any chance I can fight this charge and win?
  • Will this affect my job? I've a commercial driving license, btw.
  • How long will the process take and how much can it cost?

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.

  1. 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.
  2. 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.
  3. 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.

Written, answered, changed

Legal question "Why Did I Get Charged with a DUI in Long Beach Even Though I Was Below the Legal Limit?" has been changed 1 year 3 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of California & area of law: dui & dwi attorneys.
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Photo of a nighttime scene on a street in Long Beach. The illuminated cityscape sets the backdrop. A car with a broken taillight is pulled over to the side, and an officer is conducting a breathalyzer test on the driver. The driver appears anxious and puzzled. Nearby, a DUI & DWI attorney is observing the situation, holding a folder labeled 'DUI Defense'. The scene captures the complexities of DUI charges, especially when the driver's alcohol level is below the legal limit, highlighting the uncertainties an
Photo of a nighttime scene on a street in Long Beach. The illuminated cityscape sets the backdrop. A car with a broken taillight is pulled over to the side, and an officer is conducting a breathalyzer test on the driver. The driver appears anxious and puzzled. Nearby, a DUI & DWI attorney is observing the situation, holding a folder labeled 'DUI Defense'. The scene captures the complexities of DUI charges, especially when the driver's alcohol level is below the legal limit, highlighting the uncertainties an...

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