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Wrongfully Arrested for DUI? Read this Guide.

Drink or drive? Hand turns dice and changes the word "drink" to "drive", or vice versa.One of the main narratives behind technological change is that it makes our lives collectively easier, more convenient, and safer. For the most part, this is true.

However, in the world of DUI, technology has actually blurred the lines between drunk driving and bad driving – causing thousands of Americans to be wrongfully arrested for DUI every year.

The driving error may on the driver, such as texting and driving or trying to configure your Bluetooth. Other times, it could be caused by a faulty breathalyzer test that falsely produces a blood alcohol content of .08% or more.

Whatever the cause, bad driving should not be confused with drunk driving. And you shouldn’t have to pay the price for machine errors or the police officer misinterpreting the situation.

My name is Jon Bryant Artz, and I’ve been one of the Best California DUI Attorneys for over 40 years. In this guide, I will explain to you what to do in this situation, and why you may have more options than you think.

Drunk Driving vs. Bad Driving

In the state of California, drunk driving is defined by two actions. First, that you were physically driving a vehicle and second, that you were intoxicated while doing so.

The laws around drunk driving stipulates that you can only drive under the legal limit for your blood alcohol count which is .08, if you are of the legal age, 21.  (Or .01% if under 21.)

If you are arrested for  a DUI for the first time, assuming there were no injuries involved, it’s classified as a misdemeanor but you can still go to jail, face up to $2,000 (or more) in fines, have your license suspended for up to six months, and be required to attend alcohol classes.

That is only for your first offense. Multiple DUI convictions lead to more severe consequences. Longer license suspensions, larger fines, and more jail time.

In order to be arrested, you have to first be pulled over under suspicion of Driving Under the Influence. Basically, police officers need a reason to believe you might be intoxicated behind the wheel.

So, what do police officers look for before they pull someone over for a suspected DUI?

Officers pay attention to how you are driving and if you exhibit driving behaviors associated with someone who is intoxicated.

  • Swerving
  • Straddling a lane line
  • Failing to Use a Blinker
  • Varying Speed
  • Slow to Respond to Traffic Signals
  • Nearly hitting an object

If they’re any signs of you possibly being under the influence while driving, the officer will want to get you off the road immediately to check if you are okay to drive.

The problem is bad driving exhibits these exact same symptoms. Bad driving or inattention can result in swerving on the road into other lanes, unsafe lane changes, unsafe speeds, not looking at the road, driving in the middle of the road.

These behaviors are incredibly dangerous whether you’re drunk or because you’re playing on your phone. Charges of distracted driving can be equally as detrimental to your driving record and your wallet as a DUI.

What to Do if Your Bad Driving Netted You a DUI

If your poor driving got you pulled over, here are some tips to help you handle the situation:

1.    Don’t Admit to Drinking a Lot.

If the officer asks, “have you been drinking tonight?” , say “Yes”, and if you are not free to go, you “want an attorney”.

2.    Don’t Answer Questions.

Ask for your right to have an attorney.

3. Ask for Blood Tests.

Police officers can’t pull you over for a DUI without suspicion. If you are pulled over, the officer clearly saw something in your driving that was alarming.

Officers will conduct a field sobriety test, which can be unreliable. If you are not under the Influence, a blood test will prove without a doubt that your bad driving was not because you were intoxicated.

4.    Speak With an Attorney.

Speak to an attorney as soon as possible, make sure you provide them with the evidence you collected.

For example, if you were knowingly on your phone that is information you should provide, along with the evidence from your phone to substantiate that.

Wrongfully Arrested for a DUI? Work With the Best DUI Attorney Around

A single DUI charge can change your life forever. It puts your license, job, and family all in jeopardy.

If you have been wrongfully convicted of a DUI in Los Angeles, it is essential that you work with an experienced DUI attorney as soon as possible.

There is a small window for you to be able to fight and beat these cases. An experienced DUI attorney is vital in this difficult process.

Jon Bryant Artz has over 45 years of experience in California DUI Cases, helping more than 90% of his clients reach a  non-guilty verdict. Speak with Jon today for a free case evaluation!

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