When most people think of DUI law, they assume that all DUIs are created equal. However, this is not the case. In California, many specific laws and regulations apply to DUI cases. If you are arrested for DUI in California, it is important to understand these laws and how they may impact your case. In this article, we will discuss five of the most common misconceptions about California DUI law.
Misconceptions About California DUI Law Debunked
If you've been charged with a DUI in California, you may be feeling overwhelmed and confused. You might be wondering if you have any chance of winning your case, or if the consequences will be as severe as you've heard. It's important to remember that every case is different, and many factors can affect the outcome of your case. However, there are also some common misconceptions about California DUI law that can lead people to believe they have no chance of winning their case. Here are five of those misconceptions:
1. Eating lowers or spraying breath spray reduces blood alcohol concentration levels.
This is a common misconception, but unfortunately, it's not true. Eating food or spraying breath spray will not lower your blood alcohol concentration levels. If you've been drinking, the only way to reduce your blood alcohol concentration levels is to wait for the alcohol to metabolize out of your system. Many factors can affect how quickly your body metabolizes alcohol, including your age, weight, gender, and how much food you've eaten. In general, it takes about one hour for your body to metabolize one standard drink. So if you've had four drinks, it will take about four hours for the alcohol to be completely out of your system. If you're stopped by the police and given a breath test, the results will show your blood alcohol concentration at the time of the test. It doesn't matter how long it's been since you stopped drinking, or how much food you've eaten, your blood alcohol concentration will not have changed.
2. The DUI is up against an impossible battle that will most likely lose.
Although it may seem like the police have all the evidence they need to convict you of a DUI, there are many ways to defend against a DUI charge. An experienced DUI attorney will know how to challenge the evidence against you and build a strong defense. Many variables can affect the outcome of your case, such as whether or not this is your first offense, what your blood alcohol concentration was at the time of the stop, and whether or not you submitted to a chemical test. An experienced DUI attorney will know how to navigate these variables and give you the best chance of winning your case. If you've been charged with a DUI, don't despair. You may have options for defending yourself and achieving a favorable outcome.
3. I can't be arrested for a DUI if I'm driving correctly.
This is another common misconception. Many people think that as long as they're driving safely, they can't be arrested for a DUI. However, this isn't true. You can be pulled over for a DUI even if you're driving perfectly. The police may have received a tip that you've been drinking, or they may simply suspect you of drunk driving based on your behavior. If the police believe you've been drinking, they will likely ask you to submit to a chemical test to determine your blood alcohol concentration levels. If your blood alcohol concentration is above the legal limit, you will be arrested for a DUI.
4. I should only go with a lawyer who assures me success.
No lawyer can guarantee you a successful outcome in your case. However, an experienced DUI attorney will be able to give you the best chance of success. If a lawyer guarantees you a successful outcome, they are likely not being truthful with you. An experienced DUI attorney will be honest with you about the chances of success in your case and will work tirelessly to achieve the best possible outcome.
5. Fighting a DUI charge isn't worth it.
This is a common misconception, but it's simply not true. A DUI conviction can have serious consequences, including jail time, a loss of your driver's license, and increased insurance rates. If you're facing a DUI charge, it's important to consult with an experienced DUI attorney to discuss your options. An experienced DUI attorney will be able to advise you on the best course of action for your case and give you the best chance of success.
DUI cases can be tricky, but that doesn't mean you're automatically guilty. There are a lot of misconceptions about California DUI law, many of which we've debunked for you in this post. If you still have questions after reading this article, don't hesitate to give us a call today. We'll be happy to answer any of your questions and help you determine the best course of action for your unique situation.
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With Lynn Gorelick you don't have to face criminal charges alone. You will receive personal attention to your case. Ms. Gorelick will be the one to appear in court with you from beginning to end. Ms. Gorelick, herself, will be doing your DMV hearings. You will not be handed off to another attorney or associate. You deserve this kind of attention to your needs at this stressful time. Ms. Gorelick has represented people charged with DUI for over 38 years. She has NEVER been a prosecutor who pursues convictions. She has only DEFENDED people accused of crimes. Contact us today for your consultation!
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