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Operating a vehicle while drinking could cause judicial actions.

Michael Berg
 Main Page    White collar & Computer     Domestic & Violent     The Process 

   DUI Drunk Driving    Drug Crimes 
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Michael Berg
Michael Berg


San Diego CA 92101
(619) 239-2186

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Mobile: 619-807-1064


Michael Berg

The initial stop
If you were only stopped for a minor traffic infraction, can this give the officer probable cause to arrest you for driving under the influence ?

YES

The original reason the officer stopped you need not be related to driving under the influence . In fact, routine stops for broken taillights, out-dated registration or even cracked windshields have been upheld as sufficient cause for officers to detain individuals and then to check symptoms for driving under the influence.  In any given case, however, there may be grounds to have the case thrown out by the filing of a motion to suppress the evidence based upon an initial bad detention.

Symptoms an officer looks for
Certain symptoms seem to show up consistently.  The following are some examples of what officers look for even when pulling a driver over:

Symptoms:
  • Odor of alcohol on breath or person
  • Red, watery or bloodshot eyes
  • Slurred speech
  • Fumbling with wallet to get license and/or registration
  • Staggering out of the vehicle
  • Failure to respond to officers directions
  • Swaying or stumbling

The officer never read me my rights (Miranda)

Although you have certain rights upon being arrested, if you are not advised of these rights by the officer upon your arrest, the case will most likely not be thrown out.  What is more likely is that the prosecution will not be able to use any of your answers to questions the officer asked you after having placed you under arrest.

Why two charges?

Most individuals charged with driving under the influence of alcohol are charged with violating both sections 23152(a) and 23152(b) of the vehicle code.
VC 23152(a) is the traditional offense of driving under the influence of alcohol and/or drugs.  Basically, it means that regardless of the amount of alcohol you consumed, the alcohol affected your ability to drive such that you were not able to drive like an ordinary, reasonable, prudent person who had not consumed any alcohol.
VC 23152(b) is the "per-se" offense.  If your alcohol level is above .08%, you would be guilty regardless of how well you may have been driving.
However, even though you may be charged with or even convicted of both, you can only be punished for one.

Punishment
Generally speaking, conviction for a first offense will involve the following:
Punishment:
  • $1,500.00 fine
  • License restriction
  • "Driving Under the Influence" alcohol program for approximately 60 days
  • Mother's Against Drunk Driving (MADD) lecture
  • Probation


A conviction may also involve public work service for high blood alcohol levels, restitution in accident cases and increased penalties for prior convictions including jail, license suspension and ignition interlock devices.
Also, most individuals will find that the biggest financial cost of conviction will be from increased auto insurance rates.  Depending on your driving record and how long you've been with your company, there is the potential they may drop your coverage.


San Diego DUI lawyer San Diego California drunk driving attorney

Main Page  White collar & Computer   Domestic & Violent   The Process

  DUI Drunk Driving  Drug Crimes

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