Driving Under The Influence In California
Driving under the influence of alcohol or any illegal substances is never a good idea. You are not just putting yourself in danger. Do not forget about your passengers, other drivers, and pedestrians – they are all at risk as well. Driving under the influence in the state of California is even worse, since the state applies some harsh legal penalties to DUI drivers.
When a person is charged with a DUI in California, there are two basic things that the prosecution will need to prove beyond any reasonable doubt. First of all, whether a person was actually driving under the influence of alcohol or drugs and second – whether his or her BAC (Blood Alcohol Content) was equal or surpassed the .08% threshold. While these two things may seem to be quite easy to prove, in truth, it is a whole lot more challenging.
First, the prosecution will need to prove that a person was actually operating the vehicle – driving it during the time of the accident – and while it may seem like the simplest task, it really is not. Of course, in some cases, the law enforcement officer was present at the scene and actually witnessed how the offender was operating the vehicle. In this case, the officer will be summoned to court to prove this. However, this is not always the case. At times, the law enforcement officers arrive on the scene after the accident took place and therefore cannot say for certain if the offender was actually operating the vehicle. They were called by witnesses who claim they may have seen how a person was operating the vehicle under the influence of alcohol. Of course, proving the driving factor will be a whole lot more challenging in such a case and both the defense and the prosecution could use this fact to their benefit.
The next thing that the prosecution will need to prove would be the fact that the offender was actually driving under the influence of alcohol or some kind of illegal substances, nd this is where things could get tricky. After all, under the California laws, driving under the influence may occur if a person’s mental and physical abilities are affected by alcohol or drugs in such a way that they are no longer capable of controlling their actions, make responsible decisions and act as a sober person would in the very same situation.
The prosecution will try and prove that you were under the influence of alcohol or illegal substances through the arresting officer’s testimony. He or she will tell the court about how you were operating the vehicle, how you acted on the road, and what your reaction was when you were pulled over. Furthermore, the arresting officer will elaborate more on your ability to answer his or her questions as well as to perform the field sobriety tests. Finally, the prosecution will also want to demonstrate the BAC test results that would indicate that your Blood Alcohol Content was equal or surpassed the .08% legal threshold.
Needless to say, every single DUI case is different and this is one of the many reasons why you should get in touch with a qualified, experienced Sacramento DUI attorney to ensure you are not be facing the harshest legal penalties. And these could be quite severe indeed – expensive fines, pricey insurance, mandatory alcohol or drug awareness classes, the need to perform community service, installation of an ignition interlock device in your vehicle, as well as time in county jail or even state prison, depending on how severe the offense was.
Only a professional Sacramento criminal attorney will have what it takes to approach every different case in an individual manner, taking into consideration all the factors and all the evidence, and using all the available facts to your favor. If you or your loved ones were charged with DUI and you are already doing your very best to ensure you get proper defense, we simply cannot help but recommend that you get in touch with the best lawyers out there as soon as possible, thus giving yourself a fighting chance at winning the case or at least minimizing the sentence.