Intoxicated Driving by Atty. Gabriel Cosh

Under Vehicle Code of California, Section 23152, it is a misdemeanor to:

1. Drive under the influence of alcohol and/or drugs; or

2. Drive with 0.08% or more of alcohol in your blood.

If you are stopped by a police officer on the suspicion that you have been driving under the influence, you should remember that you have legal rights that should be observed. You must remember the following procedures that police officers must observe under the circumstances and they are as follows:

1. The police officer must have probable cause to stop or detain you;

2. You should be advised that field sobriety testing is not required by law;

3. The police officer must read you your Miranda rights;

4. The police must let you choose to either submit to breath or blood testing; and

5. If you refuse to submit to any tests, the police officer should explain to you the consequences of your refusal.

Also, after you are stopped by the police for DUI, don’t forget to do the following:

1. Decline to answer questions that may incriminate you;

2. Politely ask or request for the presence of your attorney;

3. Since field sobriety testing is not mandated by law, you can choose not to take one;

4. If you are 21 years of age or above, you can decline to take any breath testing; and

5. If asked to take the required evidentiary breath test or blood test, agree to do so only if you are confident that your alcohol level is under 0.08%.

Initially, DUI carries a misdemeanor penalty there are more serious consequences if you happen to be involved in an accident and even more if you caused injuries to other persons due to your DUI. Aside from the foregoing, even without actually getting into an accident, your sentence may also be increased under the following circumstances:

1. Having a prior conviction within ten years from the current arrest;

2. Having a blood alcohol level of over 0.15%;

3. Having a child as a passenger who is under 14 years old;

4. Refusing to submit to legally mandated testing or chemical testing; or

5. Speeding 20 mph over the limit.

Although the above information is very handy when you are accosted for suspected DUI, still, the best course of action is not to drive if you consumed alcohol. More than the damage to you, it will be more devastating to other individuals who might become victims to drunk drivers.

About The Author

Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

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