Like most states in the US, San Diego has curbed its law on DUI to serve it best. The changing law has given rise to lawyers specialized as ‘DUI attorneys’.
DUI is a statutory crime, in that it explains what elements constitute it. The law on DUI in San Diego requires the operation of a vehicle while your skills to drive are impaired or when you are found having blood concentration levels exceeding the statutory limit of 0.08% for adults (21 or over) and 0.01% or more for minors (under 21).
The law-enforcers can stop, detain and arrest a motorist but there has to be a “probable cause” to it. They can even carry out sobriety tests, field breath testing and eye tests to determine impairment. If arrested, the motorist must submit a blood or a breath test, which if refused, would lead to legal consequences.
It is required by law that the prosecutor upon a DUI charge proves all the elements to gain conviction. That is why a DUI attorney must work hard to prove the case otherwise. DUI not only includes alcohol influence but spreads out to drug use as well. The requirement through statute is simple. The motorist needs only to be found falling below the standard of a sober person to lead him/her towards physical and mental impairment.
Penalties depend on charges. If there was no injury or property damage then a Misdemeanor offence is charged, punishable up to 1 year in jail and heavy fine. If there was any kind of aggravating circumstance like property damage, injury, previous conviction or even a refusal to take blood or breath tests, then this will lead to a Felony which is a more serious charge punishable up to several years in prison. Only a DUI attorney that knows the law can work to get you the best possible deal.
Originally posted 2016-12-11 14:16:15.