The DUI Legal Limit of BAC Level in Avalon, California

As per the California Vehicle Code, DUI driving is dealt with in the strictest manner. There are very strict laws about impaired driving in California which leads to stiff fines and penalties under the law. It is a criminal offense to drive with a blood alcohol concentration (BAC) of 0.08mg.

As per the DUI laws in California it is illegal to operate a motor vehicle with any of the following blood alcohol concentration (BAC) percentages:

• 0.08% or higher for 21 years old or older operating a regular passenger vehicle.
• 0.04% or higher for operating a commercial vehicle.
• 0.01% or higher for younger than 21 years old.

When you get pulled over for an offense that is beyond the limits of the DUI Blood Alcohol Level set by the law, the first thing you should do is to contact a reputable and experienced DUI lawyer who will represent you at trial.

Our team of experienced Avalon DUI lawyers will plead your case based on technical grounds, such as the violations of your rights as well as inconsistencies in the evidence provided by the prosecution and the cross-examination of witnesses. Our lawyers have delivered consistent and commendable results on behalf of our clients over the years.

As per the California Vehicle Code Section 23152(b) VC, impaired driving is defined as everyone driving with a BAC of 0.08% or greater commits an offense while he or she operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.
While VC 23152(b) is about driving under influence of drugs and/or alcohol, it lays down limitations on DUI BAC. It says that the Blood Alcohol Concentration (BAC) of the person driving or in care and control of the vehicle should not exceed 80 mg per 100 ml of blood.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Avalon

Establishing Charges For Breaching The DUI Legal Limit BAC in Avalon, California

Primarily, it is the observation of the investigating officer that helps in establishing charges of transgressing the DUI Legal Limit. The prosecution is dependent on such evidence as well as a cross-examination of witnesses. This is the reason why the over 80mg charges are some of the most evenly contested cases in the courts of Avalon, California.

Moreover, there are a lot of details that surround the collection of samples. The law stipulates that the first sample of blood should be taken not later than 2 hours of the incident and subsequent samples should be taken at 15 minutes intervals. These are all points of attack in defending you.

A major part of the prosecution’s case for establishing the legal DUI limit infringement depends on the use of an approved instrument for collecting breath samples. The instrument is calibrated to show a numerical value if the BAC is below 0.05% and caution if it is between 0.05 and 0.1 percent. It shows fail for all instances over 0.1%. This instrument has to be handled by a qualified technician whose findings will be admissible in court as evidence. If handled improperly, it opens up a point of attack for us to break down the prosecution’s case against you.

At the same time, if the accused refuses to go through with the tests, the prosecution has to prove that a proper demand for conducting the test was made and understood by the accused and that the accused intended to not provide a proper sample.

Fines and Penalties for Exceeding The Legal DUI Levels in Avalon, CA

A person convicted from a DUI arrest in Avalon can face a jail term, a driver’s license suspension, a probation order as well as several fines. In California, there are different laws in each area that allow the local courts and government to impose their own penalties. Therefore, a punishment for an offense in Avalon, California will not be the same as that of other areas. In Avalon the minimum punishment for crossing DUI levels is:

First Instance:

• License suspension for a period of six months
• Probation for a period of three years and may go up to five years
• Jail sentence for a period of 48 hours to six months
• Monetary fine that may go up to $1000
• Five month requirement to drive a car with an ignition interlock device

Second instance:

• License suspension for a period of two years
• Probation for a period of three years and may go up to five years
• Jail sentence for a period of 96 hours to one year
• Monetary fine that may go up to $1000
• 12 month requirement to drive a car with an ignition interlock device and it may go up to 3 years.

Third instance:

• License suspension for a period of three years
• Probation for a period of three years and may go up to five years
• Jail sentence for a period of 120 hours to one months
• Monetary fine that may go up to $1000
• 24 month requirement to drive a car with an ignition interlock device and it may go up to 3 years

Hiring A Avalon DUI Lawyer If You Crossed The DUI Legal Limit

Our team of Avalon DUI lawyers handles cases like a breach of the DUI legal limit in the courts of Avalon and California on highly-technical grounds. We understand that it is the duty of the Prosecution Attorney to prove you guilty, so we focus primarily on issues that matter most. In cases where the officer pulls you over without a search warrant, we will raise issues on unreasonable search and seizure. These chapters of defense have helped us to consistently defend our clients charged with crossing the legal DUI limit. Contact us for more information.