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FAQ

Northern California DUI FAQs

Our attorneys have more than two decades of experience in fighting DUI charges. During that time, we’ve encountered a lot of people with important questions about the law and process. Here are the most common ones: 

  • General FAQs

    • What is blood-alcohol content level?
      Blood Alcohol Content (BAC) is the amount of alcohol in a person’s bloodstream, expressed as a percentage. In California, as in all 50 states, it is illegal to operate a motor vehicle with a BAC level of 0.08 percent or higher. The BAC level can be measured with either a breath test or a blood test.
    • Do I have to get a lawyer if I’m charged with a DUI?
      You have the right to represent yourself in court if you choose. But there are good reasons, well beyond our natural bias toward calling in for legal help, that make having a lawyer extremely valuable. An experienced attorney knows how to investigate a case, from reviewing dash cam footage of the traffic stop, to reviewing police reports, to looking into how a breath or blood test was handled. Call DUI Rescue Guys at (866) 442-0363">(866) 442-0363 or fill out our online contact form and set up a free consultation today.
    • Is a breath test always accurate?
      No. It’s essential to check into possible causes of inaccuracy. These could include faulty equipment, as law enforcement officers must ensure the machines are recalibrated on a regular basis. Furthermore, false readings can be caused by food items such as bread or sugary products, substances like mouthwash as well as medical conditions such as reflux.
    • What should I say if the officer asks if I’ve been drinking?
      We all have a constitutional right to invoke silence, and to not have that held against us in a court of law. Drivers are well-advised to exercise that right at a traffic stop. In California, a police officer must have probable cause to test a driver’s BAC level. This could include noticeable signs, such as slurred speech or visible alcohol containers in the vehicle. But an admission by the driver that they have been drinking can also be considered probable cause.
    • What if the prosecutor offers a plea agreement?
      The District Attorney’s office may present defendants with a deal—plead guilty, but to a lesser charge. Whether that deal is a good one depends on the circumstances of each case, how much evidence the D.A. has and whether that evidence will stand up in court. But consider this—most people are unaware of some of the answers we’ve given here, regarding all the ways a DUI arrest might be challenged. And these answers are just scratching the surface when it comes to possible challenges. Therefore, it’s at least possible that the deal might be better for the prosecution than for the defendant. An experienced lawyer will know.