Redwood City DUI Breath Tests
Driving under the influence (DUI) is a serious offense in Redwood City, California, and can come with severe penalties. It’s important to understand the laws surrounding DUI and breath tests and the possible consequences so that you can make informed decisions if you ever find yourself in this situation.
How Ahmed & Sukaram, Attorneys at Law, Can Help If You’re Arrested for DUI in Redwood City
If you’ve been arrested for DUI or have questions about DUI breath tests, we can help. Our Redwood City DUI lawyers have 30 years of combined experience and have won over 3,000 cases. Here’s how our award-winning legal team can help with your case:
- We will investigate the circumstances surrounding your vehicle stop. If any procedures weren’t followed correctly, we will file motions to have evidence suppressed.
- If you were given a DUI breath test, we will ensure that all procedures were followed properly.
- We will negotiate with the prosecutor to attempt to have your charges reduced or dismissed.
- We will represent you in any administrative hearings to help you keep your license.
- We will fight for you at trial if necessary.
Contact us today to schedule your free case evaluation with an experienced criminal defense attorney in Redwood City, CA.
What Are the Penalties for DUI in Redwood City, California?
In California, it is illegal to drive under the influence of alcohol or drugs. You can be found guilty of DUI if your BAC is .08% or higher or if you have any alcohol in your system and the prosecutor can prove that your driving was impaired. The potential penalties are severe and can range widely depending on the facts and circumstances of the case.
First-Offense Misdemeanor DUI
For a first-offense misdemeanor DUI in California, the penalties can include up to 6 months in county jail as well as fines. There is no mandatory jail time. Additionally, your license can be suspended for a period of up to 1 year.
Second-Offense Misdemeanor DUI
Third-Offense Misdemeanor DUI
The consequences become even more severe with a third-offense misdemeanor DUI in California. You could face up to 16 months in state prison on top of significant fines. Additionally, your driver’s license could be suspended for as many as 3 years.
Felony DUIs (such as those involving an accident resulting in injury or death) can result in 16 months to up to 3 years of state prison time and up to 5 years of driver’s license suspension or revocation.
Overview of DUI Breath Tests in Redwood City, California
If you’ve been stopped for a suspected DUI in California, you may be asked to take a breath test. Knowing your rights and understanding the two types of breath tests used by law enforcement can help you make an informed decision about whether you should submit to the testing.
Preliminary Alcohol Screening Test
The first type of breath test is called a Preliminary Alcohol Screening (PAS) test. This is typically conducted after someone has been stopped by the police but before they have been arrested.
Most drivers are not required to take this test and can decline without penalty. However, if you are on probation for a DUI or if you are under 21, refusing this type of test will result in an automatic suspension of your driving privileges regardless of conviction.
Post-Arrest Breath Test
When you are arrested for DUI, one of the first things that will happen is that you will be asked to take a chemical test. This test is intended to measure your blood alcohol content (BAC). The officer will typically give you two options: a breath test or a blood test.
Refusing to take any form of chemical test following your arrest can result in serious consequences, including license suspension for at least one year and a mandatory jail time enhancement of 48 hours
What Defenses Can Be Raised If I’m Accused of DUI?
If you’ve been accused of driving under the influence of drugs or alcohol, it is important to understand your rights and the various defenses that may be available to you. Some of the most common include the following:
Unlawful Stop by Law Enforcement
The Fourth Amendment of the United States Constitution protects all of us from unreasonable searches and seizures by law enforcement officers. This means that an officer must have reasonable suspicion that someone has committed a crime before they can stop their vehicle.
If an officer does not have this reasonable suspicion, any observation or evidence found during the subsequent investigation may be suppressed as part of your defense against a DUI charge.
Improper Procedures for Breath Test
In order to use evidence of your breath test against you, there are specific procedures that must be followed, such as ensuring proper calibration of the breathalyzer device before each use. If the procedures were not followed properly, then any test results obtained may be prohibited from being used as evidence against you in court.
Rising BAC Level
It is possible to have had a drink shortly before getting behind the wheel but still be below the legal limit when pulled over by an officer. However, if it takes time for law enforcement officers to complete their investigation and administer a breath test, it is possible that your BAC level could rise between being pulled over and taking these tests.
This can lead to inaccurate results indicating intoxication even though you were not driving under the influence when first stopped by law enforcement officers.
Schedule a Free Case Evaluation With Our Redwood City DUI Breath Test Lawyers
Defending yourself against drunk driving charges can seem overwhelming without having legal representation on your side. For help with a DUI or a license suspension in Redwood CIty, California, contact Ahmed & Sukaram, Attorneys at Law. Our trusted Redwood City DUI breath test attorneys are here to help.