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Can I be Stopped for Driving Under the Influence of Alcohol and Later Charged with Driving Under the Influence of Other Substances in Los Angeles?

  • September 1, 2017

    When you are pulled over by the police from a traffic highway, it does not mean that you have been convicted of the DUI criminal case. It only means that the police have substantial amount of reasonable doubt that you were driving under the influence of drugs and alcohol. The police always look at your driving pattern before they decide to pull you over as it is a mandatory legal manner to suspect a person who drives carelessly in a highway. The police are trained to note a DUI case even when it is on the highway.

    When the police pull you over, they will look at signs that you are intoxicated or driving under the influence of drugs and alcohol before they proceed with the case. They will look for signs of watery eyes or sluggishness in you, they will also see if you are unfocused before they decide to proceed with further preliminary investigation to determine your eligibility to drive on the road. The police will ask you to take sobriety tests as they determine your level of intoxication, moreover, they will also use the breathalyzer test to determine the percentage alcohol that is present in your system. If the breathalyzer states that your alcohol content is over 0.08 percent, you will be taken to custody and await trial.

    Even if you are taken to custody, it does not mean that you have been charged with the case. During this time, it is important to seek legal representation as it makes the difference in the court system. An experienced Los Angeles DUI attorney will work towards having your best interests so that the case can be dismissed or weakened before it reaches trial. When you are arrested, you have the right to be silent until your attorney arrives to advise you on what to say to the police officers as what you say can incriminate you without your knowledge.

    The driver must have committed a traffic mistake to be pulled over by the police. They must also have enough reasonable doubt that the driver was driving under the influence before they decide to administer the test. The driver will not be pulled over by the police when he is driving without breaking any traffic offense. The driver has no authority to request the person to participate in the sobriety or breathalyzer test if the driver does not show any signs of being drunk.

    The driver will be asked to participate in the tests if the police have enough doubt that they are under influence. They will ask for an alcohol screening test if they are seen to drive under the influence. The driver will have additional evidence against the driver if they have the tests supporting their reasonable doubt.

    Let us describe the concept with the following example. Don decides to take two beers at a friend’s place. He also takes sleep medicine as prescribed by the doctor. She decides to take the medicine early enough to give it time to work. Don decides to speed off to his home in time before the medicine starts working. She is pulled over by the police. The officer smells beer and asks him if he was drinking. Don responds by saying yes. The officer asks him to submit the tests and he is found to have 0.02 percent alcohol level in his blood.

    What Don does not understand is that you cannot be convicted for a DUI case in the state if you meet the minimum blood alcohol content of 0.08 percent in California. However, the recent changes in the state also say that a person can be charged for a DUI even if they do not meet the minimum amount of alcohol in their body. Don is arrested and taken by the police officer to custody. When she submits the blood test, she thinks she will win the case. However, he will stand a good chance of winning the case with the representation of an experienced Los Angeles DUI attorney.

    When the results come out, she is shown the excess use of drugs in his system. Sleep medication require that you don’t use the vehicle when under medication. She will be charged with a DUI of prescription drugs due to the high amount of medication in his system.

    If you or your loved one is in this situation, seek immediate legal advice from the Los Angeles DUI attorney.

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