California criminal law allows the court to impose strict penalties against violators. This includes jail or prison sentences along with fines based on the infraction that occurred. Under California law, penalties for infractions such as DUI are relative to the number of previous convictions. If you are facing a DUI charge, you should contact the Law Offices of Seppi Esfandi today.
Understanding Your Legal Defense
To convict you of a DUI, the prosecution must possess concrete evidence that shows that you were intoxicated or under the influence of a controlled substance while driving. In these circumstances, the prosecution utilizes the results of a breathalyzer test that is recorded by officers at the time of the arrest. However, under California criminal law, all drivers who are accused of DUI have the right to request a blood test for these purposes.
By acquiring a blood sample for testing, the defendant secures evidence in which their defense attorney can demand further testing of the sample. This provides concrete evidence for the defense. All the attorney must do is have the sample analyzed to determine whether or not the chemical found in the blood is the same form of alcohol used to produce alcoholic beverages.
Breathalyzer tests while they are accurate can produce a false positives. A large volume of products you use daily contact alcohol. They include mouthwash, lip balm, and cough syrup. Lemon-lime based soft drinks may also contain a trace amount of alcohol, which could produce a false positive breathalyzer reading when it’s consumed immediately before administering the test. If you were charged with a DUI and used or consumed any of these products prior to your arrest, you should contact the Law Offices of Seppi Esfandi today.
Diabetics who are facing sudden and unexpected increases of their blood-glucose levels while driving could be confused with a drunk driver. This is another great reason to wear a medical alert bracelet or necklace which allows an immediate form of identifying your condition when you are unable to yourself. Law enforcement officials who mistake these conditions for alcohol intoxication may argue with the accused due to common statements made by drunk drivers. This is another reason that a blood sample is useful in a DUI-based defense case.
Individuals facing DUI charges should understand the legal implications of this offense. For instance, if they are convicted on a first-offense, it is likely that they will pay roughly $1,800 in fines and assessments. In most cases, he or she will spend at least two days in county lock and receive at least a thirty-day license suspension. If you are facing a DUI charge, you should contact the Esfandi Law Firm or visit Esfandi blog today.