Attorney Rahul Balaram Explains What to Do If You Get Pulled Over for Drunk Driving in California
It’s no secret that the consequences of drinking and driving can be absolutely devastating. Not only does it put you and your passenger’s lives at risk, but there are also serious penalties. You can end up facing hefty fines, have your license revoked, and a DUI can put a huge strain on your personal and work relationships.
Additionally, every state and its laws are different from the next, which can make things complicated. That’s why it’s imperative that you know your rights and the steps to take if you’re ever pulled over for drunk driving.
In the state of California, DUIs stay on your record and are considered a prior for up to 10 years. Additionally, for each DUI you accrue, the penalties increase, and by the third DUI, you can be facing a minimum of four months in jail and up to a year, a three-year license suspension, and up to $1800 in fines.
Here, criminal attorney Rahul Balaram, of Balaram Law Office, explains what to do if you get pulled over for drunk driving.
Blood Alcohol Content Limit
In the state of California, a person’s blood alcohol content must not exceed 0.08%. However, for commercial drivers, that number is even lower; their blood alcohol content cannot be more than 0.04%.
A person’s blood alcohol content can vary for a few reasons: gender, size, whether you’ve consumed any food, how many drinks, the strength of each drink, when you drank, and time it took to drink. For instance, women are more likely to have a higher blood alcohol content than a man who drinks the same amount and type of alcohol.
If your blood alcohol limit is above the limit, it’s important to stay calm and pay attention to everything you’re told.
Don’t Refuse a Blood Alcohol Content Test
If you’re legally arrested for driving while under the influence, California has an “implied consent law,” which means you must consent to a blood alcohol content test.
While the driver has the choice between a breathalyzer and a blood test, it’s important to understand that refusing to take the test will result in facing a fine and license suspension. Each fine is $125, but you may also end up having your license suspended. The length of the suspension depends on any former driving-related charges.
Don’t Talk Much
You have the right to remain silent, thanks to the fifth amendment. Talking can land you in hot water, as anything you say can end up being used against you in court.
To assert your fifth amendment rights, simply and politely inform law enforcement that you wish to remain silent and would like to speak to a lawyer.
Show Up to Court
Because a DUI is considered to be a criminal offense in California, you are required to appear in court. However, it’s best not to go alone.
Hiring the right attorney to represent you can help expunge or diminish any charges and help you return to normal life sooner. Furthermore, you will feel less pressured to take a plea bargain.
Many judges will pressure defendants to accept a plea bargain because it will speed up the process, but that means giving up any chances of challenging the evidence against you, which can lower your sentence. Having an attorney by your side means you’re giving yourself the best odds in court.
About Rahul Balaram:
Rahul Balaram is an experienced and dedicated attorney that has represented hundreds of clients. Mr. Balaram takes pride in ensuring his clients are aware of every aspect of their case and that their interests are presented with dignity, compassion, and competence.
Rahul opened the Balaram Law Office in Santa Rosa and is widely known for his excellent trial skills, his unrelenting work on behalf of his clients, and the outstanding results that his clients receive.
