You are Here: Articlelogy.com » Legal » What To Expect After Being Arrested For A DUI In California

What To Expect After Being Arrested For A DUI In California


Go to: Previous Article Next Article


California Vehicle Code section 23152, sections (a) and (b) state in pertinent part: It is a misdemeanor to drive under the influence of alcohol and/or drugs and it is a misdemeanor to drive with .08% or more of alcohol in your blood. It is important to keep in mind that the law in California allows for a defendant who is charged with drinking and driving to be convicted of both offenses. Additionally, California has a felony DUI law for situations in which someone suffers injury as a result of a drunk driving incident. Further, the California penal code also contains a vehicular manslaughter provision in the event that the drinking and driving incident results in someone's death.

The United States Constitution provides various protections from unreasonable searches and seizures. Since an arrest has been interpreted to be a seizure under the Constitution, an arrest must be performed reasonably. In other words, the arresting officer must have probable cause to stop or arrest the accused.

With regard to sobriety tests, individuals stopped for drunk driving cannot be forced to submit to field sobriety testing. It is important to note that there may be consequences for refusing to such testing.

There are other rights that arrested or detained individuals have of which they must be advised by law enforcement at the time of arrest. These rights include the right to remain silent and the right to an attorney. Failure to properly advise an arrested individual of these rights may constitute a basis for having charges dropped.

Testing cannot be forced on an individual. However, deciding not to take the tests may have significant legal consequences. That is why an individual arrested for DUI must be given notice of the potential consequences of refusing to participate in field sobriety or breath testing. They must also be allowed to get an objective test to use against the test results conducted by the police.
Article Source: Articlelogy.com

- Find an Immigration Lawyer - Find a Criminal Lawyer - Find a Divorce lawyer - Find a Real Estate Lawyer 
- Find a Family Lawyer - Find an Employment lawyer - Find a Business Lawyer -  Find an Intellectual Property lawyer
- Find a Bankruptcy Lawyer - Find a Personal Injury Lawyer - Find a Lawyer about anything
- File for an Online Divorce => without the help of a Lawyer <=
- Ask a Solicitor


Word Count: 326




Reduce Your Debts Without Bankruptcy. See How Much You Can Save. Free Debt Analysis



Read Previous Article ~ Read Next Article
 

Selected Legal Articles

1: Chicago Lawyers - The Best Defenders of Your Civil Rights
2: Monthly Car Insurance
3: U.S.A. and Canada Immigration Law Differences
4: Finding the Best Minneapolis Criminal Lawyer
5: How to find a good St Cloud Personal Injury Lawyer
6: Car Accidents Are The Leading Cause Of Death
7: The Main Reason one Should Choose An Personal Injury Lawyer
8: Choosing a Divorce Lawyer
9: Cursory Information About Employment Lawyers
10: Finding Immigration Lawyers For A Legal Life In A New Country
11: How A Divorce Lawyer can help in Portland
12: How to find a good Wrongful Death Lawyer
13: Debt Relief Lawyers - Providing Light At The End Of The Tunnel
14: Things to Know before hiring A Bankruptcy Lawyer In Mesa Arizona.
15: Bankruptcy Exemptions What Is Eligible?
16: What You Need to Know about Chapter 13 Bankruptcy
17: Car Collision Lawyer
18: How Criminal Records Are Handled And Why You Need Expungement
19: California Ranked First in Fatal Dog Attacks
20: How To Make The Most Of Your Solicitors Meeting
21: How To Pick A Criminal Defense Lawyer
22: Colorado Lawyer
23: DUI? You Need a Good Lawyer
24: Discover Details On Anyone's Past With A Criminal Record Check
25: Finding A Las Vegas Attorney
26: Filing For Personal Injury
27: Claiming Compensation For Hotel Accidents
28: Dealing With Ripoff Report Libel Slander
29: Criminal Defence Attorney
30: Choosing A Personal Injury Ohio Lawyer For Your Legal Concerns
31: Children and ATV-Related Accidents
32: Criminal Records Search - Performing One
33: LEGAL ARTICLES INDEX PAGE 1
34: LEGAL ARTICLES INDEX PAGE 7
35: LEGAL ARTICLES INDEX PAGE 10
36: LEGAL ARTICLES INDEX PAGE 15
37: LEGAL ARTICLES INDEX PAGE 20


Read Previous Article ~ Read Next Article

You are Here: Articlelogy.com » Legal » What To Expect After Being Arrested For A DUI In California