A high blood alcohol content can lead to an aggravated DUI charge
In California, the legal limit for most drivers is .08 percent blood alcohol content (BAC). Unless you are under the age of 21 or currently on DUI probation, you could be arrested if you drive with a BAC of .08 percent or higher. But what happens if you drive with a significantly higher ratio alcohol to blood in your body?
In California, there are certain aggravating factors that can increase the penalties for a drunk driving conviction. These aggravating factors can be applied even if it is a first-time DUI offense. According to a DUI defense lawyer Orange County, CA, having a BAC of .15 percent or higher is an aggravating factor in California. In some counties, you could have an aggravating factor applied with a BAC lower than .15%.
The enhanced penalty applied for an aggravating factor such as a high BAC will depend on a number of factors, such as the facts of the case and the defendant’s criminal history. In particular, the court will look at whether the defendant has prior DUIs and whether there are other facts that warrant a significantly higher sentence, such as driving at excessive speeds or causing an accident.
In any DUI case, there are a number of advantages to hiring a skilled DUI defense lawyer Orange County, CA. Having an aggressive attorney is even more important if there are aggravating factors present, such as a high BAC.
Your lawyer can gather evidence about your case, such as documents, video of the traffic stop, witness statements and photographs of the scene. For example, a police report might state that you were pulled over because of a broken tail light. Dash camera footage may reveal that your tail light was functional — giving your attorney the opportunity to argue that the stop was illegal.
An experienced DUI defense lawyer Orange County, CA can also perform legal research and file motions on your behalf. In the example cited above, if your attorney discovers that the police officer did not have reasonable suspicion to stop your car, he or she could file a Motion to Suppress evidence from the stop.
Finally, your lawyer can negotiate a favorable deal on your behalf, which may include a reduction or dismissal of the charges against you. The majority of cases do not go to trial. Instead, they settle, often on terms that are favorable to the defendant in a DUI case. Working with a seasoned DUI defense lawyer Orange County, CA can help you obtain the best possible outcome.
If you have been charged with a DUI, the Chambers Law Firm is here to help. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
