Santa Barbara DUI Attorney

Santa Barbara DUI Attorney
Santa Barbara DUI Lawyer
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DUI Facts

The Facts About Drunk Driving

Drunk driving is a serious offense and should never be taken casually. However, DUI laws and regulations don't seem to solve the underlying cause of drinking and driving. There are some interesting facts about DUI that you might not be aware of. The 0.08% law dodges the primary issues of drunk driving. Instead of helping those with serious alcohol problems, the government would rather convict those that appear to be driving under the influence. Several police officers who wished to remain unidentified have stated that it is impossible to tell the difference between someone with a BAC of 0.07% and 0.08%. A roadside breath test or a series of field sobriety tests is not an accurate, objective measurement of whether you are under the influence while driving. In some instances however, if an officer detects alcohol on your breath or if you admit to having just one drink, he may require that you take a chemical test, even if you pass the breath or field tests.

Intoxication is not always the cause of clumsiness and the fact is, field sobriety tests are simply a test of your coordination skills. If the government wishes to use a coordination test as a basis of intoxication, it should be mandatory that every driver take regular coordination tests in order to provide a foundation from which to compare any roadside sobriety tests against. Field sobriety tests are also subjective. It is up to the officer's discretion to determine if you were drunk driving even if you passed these tests. In his opinion, you may have performed these tests badly and will use this as a basis for your arrest. He may even use this as evidence in court to justify your arrest.

It is also important for you to know that the machines that perform the breath tests on you are not always accurate. There is always the possibility that the test was not executed properly or the machine malfunctioned, resulting in a incorrect reading. If the test results say your BAC level is 0.08% or higher, it is presumed that you were in fact drinking and driving. However, it is imperative that you submit to a chemical test that will save a sample that can be retested later for accuracy. The arresting officer's opinion is most often a subjective one and you need to be sure that you have evidence to defend yourself in court.

Another fact that you should be aware of is, the Vehicle Code states that the only BAC that is significant to your arrest is the level you were at when you were driving. Food and when you had your last drink plays an important part in blood alcohol content. It is possible that your level was below the legal limit of 0.08% when you were pulled over. However, a chemical test taken 30 minutes to an hour or more later may show your BAC at 0.08% or higher, at which time you have no longer been driving. Although the Vehicle Code maintains that the later test does not prove you have broken any DUI laws, there are legal assumptions that are not based on facts or science that may still result in your DUI conviction.

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