The experienced DUI lawyers at our California law offices have a thorough working knowledge of the state’s driving under the influence laws and the possible charges a driver faces if arrested for DUI. In addition to advising an arrested individual of his or her rights, DUI lawyers will prepare a defense strategy that is specific to the individual motorist’s circumstances.
The maximum blood alcohol level in which a driver can operate a motor vehicle in the state of California is .08%. This blood alcohol content does not necessarily imply that a motorist is visible intoxicated, but rather, is over the limit at which a driver is considered too impaired to drive. However, as DUI lawyers in California can attest to, the state also has an “enhanced penalty blood” alcohol level of .16%. This means that those drivers found to have a blood alcohol content of .16% or higher face elevated consequences as they are deemed to be excessively impaired, and therefore, a greater threat to overall public safety.
Conversely, California DUI law also includes a “zero tolerance” provision aimed at drivers younger than the state’s legal drinking age. If an underage driver is caught driving with any trace of alcohol in their system (legally a .01% BAC) automatically faces DUI charges. DUI lawyers in California are familiar with the various blood alcohol content level designations and can tailor a defense according to the blood alcohol content determined by any chemical testing performed.
In addition to the blood alcohol level of the driver, there are other factors which determine whether felony or misdemeanor DUI charges will be levied Misdemeanor DUI charges are applicable when a driver exceeds the legal limit, but caused no bodily injury or property damage as a result of the offense. However, if damage or injury does result from driving under the influence, the driver may face felony DUI charges with steeper penalties and a strong possibility of jail time. Regardless of the level of charge, DUI lawyers in California will be a crucial component in attempting to lessen any monetary fines, license suspension and/ or possible jail time.
License revocation as a result of DUI can occur for a few different reasons. California DUI law states that the refusal to submit to chemical testing to determine blood alcohol content is punishable by license suspension of six months to a year. However, the “implied consent” statute states that a police officer must warn a motorist of the consequences of chemical testing refusal. DUI lawyers in California can challenge a license suspension for chemical test refusal if it is found that the officer did not inform the motorist of such penalties.
Additionally, California law allows a police officer to confiscate an individual’s license immediately upon determining an over the legal limit blood alcohol content. At this time, the officer should supply the driver with a pink temporary, license. It is within the motorist’s rights to request a hearing before the Department of Motor Vehicles. Failure to exercise this right within ten days is considered a waiver of this right and license suspension will begin thirty days after the date of arrest. The experienced DUI lawyers at Kerry Steigerwalt's Pacific Law Center can advise clients of this right, as well as counseling them on the steps necessary to facilitate a DMV hearing.
Contact the experienced attorneys at Kerry Steigerwalt's Pacific Law Center to learn about your rights and possible DUI defense strategies. Our lawyers can also advise you about the appropriate steps for facilitating a California DMV hearing if necessary. Call today to schedule a free preliminary consultation regarding your DUI case.

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