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Palm Desert DUI Law Blog

Refusal to take a breath test after a DUI arrest in California

One of the most common questions that arises when discussing DUI charges is what happens if the driver refuses to submit to a Breathalyzer test when he is pulled over. A Breathalyzer test is one way for the arresting officer to determine whether the driver is under the influence of alcohol.

If you take the test and the breath test device shows that your blood alcohol content is above .08 percent, you will be found to be legally impaired and will have your license immediately suspended. For first-time offenders, you will lose your license for four months. If you commit another offense within 10 years, your license will be suspended for one year. Drivers under the age of 21 who have a .01 percent BAC or higher will lose their driving privileges for one year, if it is their first DUI offense.

Under implied consent laws, you must submit to a chemical test in order to measure your blood alcohol content if a law enforcement officer requests that you do so. If you fail to submit to the test after being asked to do so by an officer, you will lose your license for one year, if you are a first-time offender. A second offense within 10 years will result in a revocation of your license for two years. A third offense within 10 years means that your license will be revoked for three years. For drivers under the age of 21, refusing a breath test means a one year license suspension for first-time offenders. Second and third offenses within 10 years will mean license revocation, the same consequence as it is for drivers over 21.

Driving under the influence can lead to serious consequences and can result in the suspension of your driver’s license, whether you choose to submit to a breath test or not.

Palm Desert driver faces possible DUI charges

Driving under the influence is the cause of many car accidents all over the state of California. Some of these accidents result in serious injuries. Earlier this month, two men were involved in an accident in the Palm Desert area. The accident occurred when a 54-year-old man crashed his car into another man’s SUV. As a result, the SUV driver suffered from moderate injuries.

While these injuries were reportedly not life-threatening, the man was still taken by ambulance to a nearby hospital. The driver who allegedly caused the accident was also taken to the hospital for a checkup and apparently suffered from facial bruising and some swelling. He was later taken to a nearby jail under the suspicion of driving under the influence. Police have reported that the driver is expected to face a DUI charge.

The potential consequences of a DUI conviction can be life-changing, especially if someone was hurt or killed in the accident. The driver may face fines, license suspension and even jail time. They may also have to deal with the fact that they were involved in an accident that negatively impacted someone else’s life and family. This can be emotionally and financially draining.

However, a DUI accusation does not necessarily have to result in these severe consequences. Many drivers charged with DUIs have their charges dismissed due to poor evidence such as inaccurate breath test results or poorly administered blood alcohol tests. Some drivers plead guilty and are given lighter sentences as a result. Every situation is different, so it is imperative that those facing these charges never lose hope.

DUI convictions can lead to serious consequences

Facing a DUI charge can be scary when you don’t know what to expect. However, with the right legal representation and support system, you will have a much better chance of getting your life back on track.

In the state of California, drivers with a blood alcohol content of .08 percent or higher can be convicted of driving under the influence. A conviction will likely result in fines of close to $5,000, higher car insurance rates, and alcohol treatment programs. You may face a suspended license and jail time, even if you are a first-time offender. For second and third-time offenders, the consequences are even more serious.

Not all people facing a DUI charge are guilty. In many cases, constitutional rights are violated or administrative mistakes are made when administering blood alcohol tests. There have even been mistakes with regards to the accuracy of the results. Having an attorney challenge the admissibility of evidence could make or break your case. By asking the right questions, your charges could get dropped or reduced dramatically. Even if there were no mistakes throughout the process, you may still be able to strike a plea deal or get a reduced sentence if the right defense is in place.

Attempting to navigate the court process alone can be daunting for anyone. Fortunately, the office of Dale Gribow Attorney at Law has helped thousands of people facing DUI charges. After more than 30 years of criminal defense work, Dale Gribow has the tools and experience to assist you. For more information, please visit our website.

California tries to enforce stricter laws to fight drunk boating

With spring just around the corner, many Californians will be enjoying time on their boats. Driving under the influence is constantly in the news, but what about boating under the influence? While California has some of the toughest DUI laws in the country, many believe that there is not enough focus on boating safety issues.

Over 4,000 recreational boating accidents occurred in 2013, which lead to the deaths of nearly 600 people. Out of the accidents where the primary cause was known, alcohol was the leading factor in 16% of deaths. When the accidents were caused by operator error, alcohol and drugs were a factor in about one-third of the deaths.

Marin assemblymember Marc Levine recently introduced brand new legislation, AB 539, which is focused on improving state boating laws. The new bill will permit law enforcement to obtain a search warrant to administer a blood test on anyone suspected of operating a boat under the influence. The bill will expand on SB 717, which allowed law enforcement to test motorists suspected of DUIs, regardless of whether the motorist submits to the test. By giving law enforcement this authority, both boaters and swimmers will be better protected.

It is the hope that with stricter DUI laws in place impacting both boaters and drivers, people will be less likely to operate their vehicles while under the influence. However, the reality is that some drivers and boat operators will still make that devastating mistake. Those who are found guilty of driving or operating a boat under the influence should be prepared for serious penalties including fines, license suspension and even jail time.

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73-061 El Paseo, Suite 220