Overview of Drunk Driving


Everyone has heard the term “drunk driving,” or more likely the expression, “don’t drive drunk.”  What exactly does it mean to be drunk while driving?  Every state has a limit of .08% BAC (blood alcohol content) to be automatically considered drunk.  This means that no matter how you may feel when you are driving, if you blow .08% BAC into the breathalyzer, you are legally drunk, and your punishment will begin immediately.  Your car will be impounded, and you will be immediately put under arrest.  If you have been charged with a DUI in San Diego, California, DUI attorney Ian Pancer can help you. 


Unfortunately for some people, you may not realize you are legally drunk at this point, and feel totally fine behind the wheel of the car.  The best way to avoid driving with a BAC of .08% or more is to pay attention to how much you are drinking, not drink more than one alcoholic beverage per hour, and wait at least one hour from your last drink to get behind the wheel.


Definition of DUI


DUI stands for Driving Under the Influence.  Most people think of alcohol, but this can also be under the influence of drugs, and not only illegal drugs.  Some prescription and even over the counter drugs can react in your system causing you to drive impaired.  Driving is considered a privilege, not a right, and therefore, must be practiced with great care and responsibility.  In fact, just by driving your vehicle on the road, you are automatically implying consent to being tested for DUI.  At any time, an officer can pull you over for suspicion of driving under the influence, and if you refuse the breathalyzer test for whatever reason, you can be arrested and lose your license immediately.  Sometimes the punishment for refusing the breathalyzer is harsher than failing it!


Two Separate Cases When it Comes to DUI


When a person has been arrested for DUI, there are actually two cases simultaneously being prosecuted against him or her.  The first case is the criminal case, which can result in a variety of punishments including, but not limited to jail, fines, ignition interlock device, vehicle impounding, or any combination of these.  The second case is the DMV case, where the accused can have his or her license revoked, suspended, or otherwise taken away.  Remember, driving is considered a privilege, and as such, the court will take it away if it is being abused.


Two Ways to be Convicted of DUI


We already mentioned that by blowing a .08% BAC into a breathalyzer, you are automatically considered legally drunk, and the case against you will begin immediately.  Did you also know that you can be arrested for DUI even if you blow less than .08% on the breathalyzer?  When an officer pulls your car over for suspicion of DUI, he or she will have a reason, most notably, your driving was erratic.  A more formal way to explain it is to say, “failing to operate a vehicle with the same caution characteristic of a sober person under the same or similar conditions.”


Conclusion


Driving is considered a privilege, and as such, each driver in California will follow the “implied consent” of succumbing to a breathalyzer test when pulled over for possible DUI.  The punishment for refusing this test is often harsher than failing the breathalyzer.  A driver having a .08% BAC at the time of the breathalyzer will be automatically considered legally drunk and arrested immediately, but a driver can also be arrested for DUI with a BAC of below .08% if the officer feels the driver was not operating the vehicle as well as a sober person would under the same conditions.  It is important to obtain the services of  drunk driving attorney Ian Pancer as soon as possible if you have been arrested for DUI to begin your defense and be sure all protocols were correctly followed leading up to your arrest.