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September 2, 2017 | admin Recent Changes to Los Angeles DUI Law – Part 2
Whenever you are arrested, it does not mean that you have been convicted of the crime the police suspect you did. At the time when the police pull you over, you must have exhibited a driving behavior that indicated you are driving under the influence of drugs and alcohol. This means that they pull you over to collect any evidence that you were driving under the influence of drugs and alcohol. When the police pull you over, they have to interrogate you to note any sign that you were intoxicated. In most cases, they will look at the rugged speech and watery eyes. They also look at the way you carry yourself to mean that you are intoxicated with drugs and alcohol.
If you exhibit the above signs, the police will go further to ask you to participate in some sobriety tests that determine your blood alcohol content. The sobriety tests determine your level of drunkenness that is not allowed to drive a car in the state. They won’t miss to ask you to conduct the breathalyzer test that determines the actual percentage level of alcohol in the blood system. If the blood test shows that you have more 0.08 percent of alcohol in your system, charges will be pressed against you for the DUI crime.
Whenever you are pulled over by the police, remember that you have a right to remain silent as anything you might say may have a negative impact against you in a court of law. Therefore, you can exercise your rights and call your attorney to guide you on what you say. Legal representation is paramount when you have been pulled over by the police. However, some people don’t understand the importance of an attorney until their cases have gone further. An experienced Los Angeles lawyer will guide you through capacitated solutions.
There are reasons why the layperson refers the legal language as legalese. The attorneys and lawyers can only understand the legalese language. Unfortunately, most of the statutes and laws that concern the people are written in legalese. Whenever you are arrested on suspicion that you were driving under the influence of drugs and alcohol, this can pose serious significant problems. The problems come when you need to understand the weaknesses and strengths of your DUI criminal case. It is, therefore, important that you understand the arguments and defenses that are there for your case.
According to the DUI statute, especially those that have been changed in the recent past, embodies specific concepts in law that are written in the statute. Let us consider the California Vehicle Code Number 23152 (b) that states as follows:
(b) It is unlawful for a person with over 0.08 percent of alcohol in his blood system or more to drive a vehicle in California.
For the above vehicle code section in the California laws, the weight of alcohol measured by the person’s blood is based on some alcohol grams per 100 milliliters of blood or the alcohol grams per 210 liters of breath.
in any prosecution that falls under this section, it is a presumption that is rebuttable that the person has more than 0.08 percent of alcohol in their blood system by the weight of the alcohol content in their blood system at the time when they were found driving a car in the state.
Upon reading for the first time, the driver who is charged with driving under the influence of alcohol or drugs won’t understand the meaning of the statements in the plain language. In fact, it is recommended that the drivers should seek the clarification of certain statements with the exclusive help of the Los Angeles lawyer as it is a necessity.
The first part of the California DUI Vehicle Code defines how the blood alcohol level will be measured in the suspect. The second part of the DUI section also talks about a rebuttable presumption. The result also shows that the person who took the test within three hours of driving will be arrested if the alcohol percentage is over 0.08 percent.
Because the presumption can be rebutted, it is called a rebuttable presumption. This means that the test can be proven otherwise through evidence and testimonies. However, the one trying to prove wrong has the burden.
If you are in a rebuttable presumption, it can be a daunting task to prove. This means that it is important to seek the representation of an experienced Los Angeles lawyer.