Driving Under the Influence in Orange County
In Orange County California you are presumed to be under the influence when your blood alcohol level is a .08 or above. It is a separate crime to operate a vehicle on the public highways in Los Angeles when your blood alcohol level is over a .08. Even if you are able to win on the issue of “driving under the influence,” the jury could find you guilty of a DUI offense if your blood alcohol is over .08.
The actual crime of driving under the influence doesn’t require a particular blood alcohol level at all. If the evidence used in court by the DA demonstrates that you were impaired from thinking clearly or driving safely in any manner, you can be found guilty of driving under the influence of alcohol and or drugs.
It is not at all unusual that the evidence used in court to potentially convict you has been provided by you at the time of the arrest or shortly thereafter. Arresting police officers do not mention that field sobriety testing is purely voluntary or that the test used to determine if you will be arrested or not are rather subjective and in fact, designed for you to fail. Your performance on the field sobriety tests, your verbal statements, and any other relevant evidence the officer may gather while determining if you are going to be arrested for a DUI violation.
In California it is actually your right to refuse to provide evidence for which you will be subsequently arrested. This is the right not to self incriminate. Your Orange County DUI lawyer can help you understand this legal issue.
Please understand, the evidence that is taken into consideration (usually gathered by the Police or Highway Patrol at the scene of the traffic stop) is first your driving, then
