Dui Cases

Each day, approximately 500 people are arrested for DUI in California. Arrest is most likely to occur after pulling into a DUI checkpoint, violating some rule of the road, pursuant to informant's report -- or after being involved in an accident (regardless of fault).

A felony charge may result if arrested for accident related DUI and someone other than the driver was injured.

It is NOT against the law to drink and then drive. However, it is illegal to drive while impaired, OR with your blood alcohol percentage above a certain limit. The prosecution has the BURDEN of PROVING you were "impaired" (as defined by law), or that your blood alcohol level was in excess of the legal limit, AT THE TIME OF DRIVING.

RISING BLOOD ALCOHOL: After consumtion, your blood alcohol level begins to rise as your body absorbs the alcohol.  Lets say you had a shot of whiskey at 12:00 a.m., got pulled over at 12:05 a.m., and took a test at 1:00 a.m. Under these facts, your blood alcohol level at the time of testing should be significantly higher than it was at the time you were driving.

Since your blood alcohol level can rise .02% to .03% per drink, this could constitute a defense to Driving Under the Influence Alcohol.

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