DUI FAQs

DUI FAQs

How serious is a  DWI or drunk driving) arrest?

Being convicted of drunk driving is a serious problem. Everyone is aware that thousands of people are killed each year in alcohol related accidents. Although some of those accidents in San Diego County result in the death of the intoxicated person, sadly a significant and unfortunate number involve the death of “innocent” parties who were in the wrong place at the wrong time when someone chose to drive a car while impaired. Clearly, driving under the influence is dangerous for those individuals who choose to operate a car and for those individuals who are on the road at the same time. In addition to the severe physical injuries that may take place, there are serious emotional and mental scars that may never fully heal for both the defendant and his or her victim(s).

Is it “safer” to drink beer or wine?

Any type of alcohol is dangerous when consumed in excess. Different types of drinks (see discussion above) contain different concentrations of alcohol, or what may be called “proofs.” The proof rating is two times the alcohol concentration. Therefore, 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take fewer drinks containing hard liquor or fewer glasses of wine than beers to become intoxicated. However, the alcohol concentration of a drink is not everything . An individual must consider the size of the drink that he or she is consuming. Therefore, a “shot” glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one 12-ounce beer.

Drinking any alcoholic beverage in excess is never advisable. You should NEVER drive after drinking any amount of alcohol as you may be the worst judge of whether you are sufficiently impaired to drive safely and you may seriously injure yourself or others if you choose to drive. Besides becoming “addicted” to alcohol, excessive consumption of alcohol over a long period of time can cause permanent physical damage to the kidneys, liver, heart, and brain. Studies have further shown that excessive use of alcohol within a short period of time can also lead to death.

Do I have to take a Breathalyzer test?

The DUI breath analyzer test measures a person’s BAC or blood alcohol level. The amount of ethanol that is in your system is the same as the amount of ethanol that is “on” your breath when you exhale. As a result, the police, Deputy Sheriff or CHP Officer are able to test your BAC by having you breathe into a DMV breath analyzer. In California, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC, such as a blood test, your driver’s license will automatically be suspended by the DMV.

Can I be charged withthis crime for driving after taking drugs?

Yes. If an individual operates a vehicle under the influence of drugs such as heroin, cocaine, marijuana, meth, or any other illegal substance, he or she can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair a person’s abilities and should not be used while operating a motor vehicle. Check the labels on all medications carefully. Do not drive if you are taking any medications that may be deemed incompatible with safe driving.

Should I retain an attorney?

Although you are not required to have an attorney, it is advisable to retain our experienced criminal defense lawyers if you have been placed under arrest or charged with a DUI. The California laws are strictly enforced and our experienced attorneys can help protect your rights. Our chances of successfully making defense arguments or finding mistakes that may have been made in your arrest are much greater since we have over 35 years of experience handling these cases.

If you are faced with this charge selecting an attorney based upon the “price” you pay is not a well thought out plan, as everyone knows “you get what you pay for.”

It is fair to say if you pay less, the attorney is likely to perform less work. Call now to speak with one of our personal DUI Lawyers.