No one ever expects that they will be arrested for drunk driving. As such, most drivers aren't aware of their legal rights and options for defense, let alone what is considered to be proper procedure while being pulled over or arrested. Here is a video of Camarillo DUI lawyer Daniel E. Kann describing what happens when a police officer pulls a person over for DUI in relation to the recent Amanda Bynes DUI arrest.
With the points made in this video in mind, we'll now discuss what a happens after a DUI arrest as the concluding post in our Three Part Blog Series.
After the Arrest
After the officer has conducted the field sobriety tests and believes that probable cause has been established upon which to base a DUI arrest, the driver will be formally arrested and given the choice of taking a breath test or blood test. If one of the tests is not available, the driver will be obligated to take the other. If the driver chooses not to take a chemical test, they will be charged with a refusal allegation which will result in a one year driver's license suspension.
If the driver is found to have a BAC of .08% or greater, they will be booked and charged with California Vehicle Code Section 23152(a), driving a motor vehicle while impaired and 23152(b), driving a motor vehicle with a BAC of .08% or higher. If the driver's BAC is below .08% and the officer still believes that the driver is impaired due to alcohol consumption or if the officer believes that the driver is under the influence of drugs but not alcohol, the driver will only be charged with Vehicle Code Section 23152(a), driving while impaired. The legal ramifications are often the same in either case.
Defending Your Rights
If you or someone close to you has been arrested for drunk driving in Ventura County, be sure that an experienced Camarillo DUI defense attorney is contacted right away. Any delay in informing yourself of your legal rights may result in serious consequences. Get in touch with The Law Offices of Daniel E. Kann today for more information about how our lawyers can help you with your specific situation. Call (805) 290-4932 for a free consultation.
