Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Driving Under Influence »
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- The literal meaning of “Drunk driving” is that when a person is drunk while driving. However, it may also mean, a drunk person sitting idle in the car. Police can arrest such drivers before they cause harm to humanity.
You will be considered a “drunk driver if your body shows alcohol levels above a level of legal intoxication level. This can be examined through a blood test or breath test.
On What Conditions Can A Person Get Arrested?
A driver cannot be arrested based on wine smell coming from his mouth. However, other indications like bloodshot or watery eyes, slurred speech or the manner of driving prior to the stop, may give the officer right to arrest the driver.
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Penalties for Driving Drunk »
Since 1980, several new DUI laws have been formulated to deal with drunk driving. Many NGOs and special organizations like MADD (Mothers Against Drunk Driving) have done a lot in this regard.
Some of these laws include ALR (Administrative License Revocation) and Zero tolerance laws which have been passed by the majority of states. ALR laws permits arresting officer to keep a driver’s license until he passes a breath test.
As the legal drinking age is 21 and legal blood alcohol concentration (BAC) limit is 0.08 % in almost all states, therefore Zero tolerance laws have been passed to restrict the adult drivers from having a considerable alcohol concentration in their blood. Other penalties like fine money, license suspension period and number of days behind the bars have also been increased to deal the menace.
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Police Officer Must Take Care in Taking Breath Test to Avoid Driver’s License Suspension overturned »
During the investigation, the officer takes the breath test of the driver who is charged for the DUI case. The officer conducts the breath test of the driver, when the driver submits the test there are certain rules that officer must follow. When the driver is accused due to alcohol reason in Florida, the Department of Highway Safety and Vehicles directly suspends the driver’s license.
Any how the driver has the right to defense for DMV license suspension by a formal hearing in which the lawyer raises voice favoring the driver on the legal points like the stop of the driver was legal, the reason to arrest the driver was correct and that the breath test was valid. These are the points on which the lawyer speaks on behalf of the driver.
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FAQs about San Diego Drunk Driving »
When San Diego police arrested me for DUI, they took over my driving license. How can I have it back?
In normal cases, an expert San Diego DUI attorney can help you in showing to DMV Officials there was no solid ground for your license suspension or annulment, and it can be returned to you. If you don’t call for an “admin per se” hearing with the DMV within 10 days after your drunk driving arrest, the DMV will give back your driving license at the ending of the suspension term ( i.e. four months if this is your first case), provided you give a 125-USD which is a re-issuance fee and show insurance documents. The reissue fee is 100-USD if you were under 21 when you got arrested for DUI according too San Diego’s Zero Tolerance Law for driving under the influence.
What is the difference between the DMV driving license suspension or cancellation for DUI arrest and the driving license suspension or cancellation brought down by the judge of criminal court during hearing?
The DMV driving license suspension or cancellation received at a DUI arrest is an administrative and civil thing whereas the suspension or cancellation as a result of a conviction in criminal court becomes a criminal penalty.
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