What if my blood alcohol content (BAC) was way over the legal limit??
In California, the legal blood alcohol content (BAC) limit is 0.08 for anyone over 21 years of age. If you are under 21 years of age, the legal BAC limit is 0.01. That means with just a sip of alcohol, if you are under 21, you could be found guilty of a DUI. If you’re over 21 and you’re caught driving with a BAC over 0.08 then you could be found guilty of a DUI. Often times the police will detect an order of alcohol in your car and ask if you’ve been drinking. Often times people admit they’ve had a few drinks. The officer then usually takes you out of the car to perform a Field Sobriety Test (FST). If you fail, or even if they do well, the officer will likely will use a Preliminary Alcohol Screening Device (PAS), most commonly referred to as a breathalyzer. If a person is found to have a BAC of 0.08 or above, the officer will likely arrest you and you will get charged with a DUI.
There are options to defend your case and you must hire a competent attorney to explore as many legal issues as possible. First, you must call within ten days of your arrest date and get a DMV hearing and stay (delay) of the suspension of your license. This will give you a chance to present evidence before a DMV hearing officer who will determine whether to suspend your license. However, you do also face a separate hearing with the criminal court system where you will be charged with a misdemeanor or felony DUI. A competent attorney will explore the reasons you were pulled over, whether you did well on your field sobriety test, and any other possible issues including whether the PAS device was properly calibrated. You can fight the DUI charge ! You need to hire an experienced attorney to investigate and explore every option you have available to you!
At the Law Offices of Michael S. Carrillo we love no stone unturned. We will fight for your rights to determine you get the best outcome on your case. Call Michael Carrillo himself by personal cell phone at (323) 600-5393 for a free consultation.