How Do the Police Determine if Someone is Impaired?

In a recent year, California had 95,957 DUI arrests, signifying the prevalence of drunk driving across the state. California, along with every state (except Utah), illegalizes the operation of a motor vehicle if a motorist has a blood alcohol concentration (BAC) of 0.08% or greater. At 0.08%, a person typically has impaired judgment, concentration problems, and reduced reflexes, making it more likely that the individual will cause an accident.

While a person’s BAC can indicate impairment, a police officer must have probable cause to pull a motorist over. In this blog, our Ventura DUI defense lawyers discuss the typical signs law enforcement relies upon in discerning impairment and how a DUI lawyer can assist.

How the Body Absorbs Alcohol

Each year, about 37 people are killed in drunk driving crashes. This equates to a fatality every 39 minutes. Alcohol has an impact on a person’s nervous system, which impedes your brain’s ability to communicate with the rest of your body. About 20% of alcohol will be absorbed into the bloodstream through the stomach, not requiring digestion. Research shows that alcohol is absorbed differently between men and women, with women tending to have a higher BAC than men after consuming the same number of drinks.

Signs of Impairment

While sure signs of an intoxicated individual include slurred speech and difficulty walking, police officers typically look for the following clues when attempting to spot an intoxicated motorist:

• Unusually wide turns
• Straddling the center line
• Weaving or swerving
• Following another vehicle too closely
• Drifting between lanes
• Braking erratically
• Driving on the wrong side of the road
• Speeding

When a DUI is Charged as a Felony

A DUI is considered a wobbler crime since it may be charged as either a misdemeanor or felony, depending on the circumstances. Most DUIs are misdemeanors in California, but you may be charged with a felony if someone is injured, if you have a prior felony DUI conviction, or if you have three or more DUI or reckless driving convictions in the past ten years. If you are charged with a DUI felony, you may be sentenced to sixteen months, two years, or three years in California State Prison, be fined up to $1,000, serve three to five years of probation, and be required to have an ignition interlock device (IID) installed for one year.

How Can a Ventura DUI Defense Lawyer Help Me?

Defending DUI charges can be tricky, requiring skilled counsel. At Bamieh & De Smeth, PLC, our Ventura DUI defense lawyers have decades of combined experience in challenging DUI test results. Certain medical conditions can cause a positive breathalyzer or field sobriety test, even if you were completely sober at the time. We will work tirelessly to get to the bottom of why your BAC appeared elevated.

When we first meet with you, we will take the required time to review your matter and get to know you personally. Everything you say is protected by attorney-client privilege, so all communications are kept between you and your legal counsel. When you work with our legal team, you can discuss your situation openly without fear of repercussion.

Charged with a DUI? Contact Our Ventura DUI Lawyers Today

Obtaining counsel immediately increases the likelihood of a favorable case outcome if you have been accused of driving under the influence. At Bamieh & De Smeth, PLLC, our legal team is focused on protecting your rights, keeping you from serving time, paying steep fines, and the other penalties associated with a conviction. To schedule your complimentary consultation, contact us online or call today.