Santa Barbara DUI Attorney

Santa Barbara DUI Attorney
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DUI Injustice

About 80% of a restaurant's net profit is from alcohol sales. Numerous liquor licenses are granted to a variety of establishments such as gas stations and corner stores. As a result, the state collects taxes that are derived from the various means of alcohol sales. The same politicians that profit from these taxes are the very one's that accept the support of organizations such as MADD, who advocate DUI regulations. So who do these politicians really support? What groups are they profiting from? The businesses that they encourage the sale of alcohol to occur at, or the groups that are attempting to free the streets of drunk driving? It appears that the answer is both.

Drunk driving laws in California specifically state that you are committing a misdemeanor if your BAC is 0.08% or more while you are driving. It does not take in to consideration that at the time you were pulled over, your BAC may have been less than 0.08%. Nor does it take in to consideration that further testing may show your level at 0.08%, a point when you have no longer been driving. The absorption of alcohol in to your blood stream may not occur until 30 minutes to 2 or more hours after you were pulled over. However, DUI laws insist on convicting you even though your BAC was not at 0.08% at the time you were driving.

Accused, and in many cases innocent, drunk drivers experience another injustice that stems from the 1996 United States Supreme Court case Whren v. United States. In this case, the court determined that a police officer's subjective motive for stopping someone cannot be questioned in court. In a DUI situation, an officer must have probable cause to pull you over for suspicion of drunk driving in California. The outcome of Whren v. United States can and has been applied to DUI scenarios. Perhaps on officer observed you leaving a bar and noticed a broken tail light. The fact that he has no reason to perform a traffic stop, other than the broken tail light, may not deter the officer from pulling you over for suspicion of drunk driving. Furthermore, a broken tail light is not probable cause for suspicion of DUI does and it does not make a difference in the aftermath of Whren V. United States.

Because of DUI injustices such as those mentioned above, you may end up spending a lot of time and money in an attempt to clear a possible DUI conviction. You could end up with a jail sentence or heavy fines that only an experienced drunk driving defense attorney can help you avoid. In an effort to defend DUI cases, DUI lawyers have had to hire costly experts such as toxicologists and medical doctors, with the defendant having to pay the expensive fees. DUI convictions are not just minor traffic infractions. Being found guilty of drunk driving is a serious offense that will stay on your permanent record for the rest of your life.

Santa Barbara DUI Lawyer
"A DUI should not ruin your life. My knowledge of the law can win your case. Nobody will fight harder for you."

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