How Much is Too Much?
Legal Limit in California
Orange County DUI Defense Lawyers
The legal limit for intoxication in California is .08 blood alcohol concentration (BAC).
If you are stopped for DUI you will most likely be asked by a law enforcement officer to take a blood or breath test to measure the amount of alcohol in your blood stream. Punishment for DUI varies depending on the number of times you are convicted.
There are two ways an individual can be considered intoxicated and found guilty of a DUI charge in Orange County California . A person can be considered intoxicated if operating a vehicle on a public street while:
1. Not having the normal use of MENTAL or PHYSICAL faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
2. Having a blood alcohol concentration (BAC) of .08 or more. The .08 blood alcohol concentration definition applies only to cases where the person arrested has taken a breath, blood or urine test. The breath test is the most common test administered. If the person arrested did not take one of the tests then it is up to the prosecution to prove the person did not have the normal use of his/her mental or physical faculties from either drinking alcohol or doing drugs or a combination of both. The prosecution is limited to presenting evidence based on the ingesting of alcohol only, unless there is evidence or good reason to believe the person may have lost the normal use of his/her faculties from another type of drug.
When people get in trouble they often try to make up an excuse to get out of the charge. This is usually a mistake. Saying nothing at all is a much better option. For example, do not tell police that you have taken a prescription drug, mistakenly thinking this will help your case. It is important to remember that you can be found guilty of a DUI if the prescription is the type of drug that can impair your mental or physical faculties. The prosecution will attempt to prove intoxication by drugs having a chemist testify at trial about the effects the alleged drugs (or combined effect of alcohol and drugs) can have on a person. The point fewer things you tell police and prosecutors the better. Call an experienced Orange County DUI lawyer instead. Tell your story to the attorney. Let your defense lawyer work out the best possible solution to your situation.
If you are arrested for driving while intoxicated in Orange County, contact our office as soon as possible. We deal exclusively with Orange County criminal matters, and we have a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. Call us today and make an appointment for a free consultation