Bakersfield DUI Lawyer
Get Help for a Drunk Driving Arrest in Kern County!
If you are arrested anywhere in Kern County with the charge of driving under the influence, you should immediately contact a Bakersfield DUI defense attorney at the Law Offices of Kyle J. Humphrey. It is not uncommon for us to get these charges dismissed completely, thus protecting your record. Acting with urgency is important in any criminal defense case and it is especially true with a DUI or if you have multiple DUI convictions.
A DUI is not just a traffic ticket; it is a much more serious charge and you should take action to fight back. For many people first charged with a DUI, entering the criminal justice system can be a frightening and confusing experience. You need someone on your side guiding you through it, avoiding the traps and landmines that, unfortunately, do exist. We have worked both sides of the court system and we know how to help you. Our Bakersfield DUI attorney has the skills and experience to represent you in court.
Contact our Bakersfield DUI attorney at The Law Offices of Kyle J. Humphrey to start discussing your options.
Understanding Driving Under the Influence Charges in California
Most people thing of drunk driving when they hear "DUI." Driving under the influence is, however, just that: driving with an impaired ability to safely operate your vehicle due to alcohol intoxication, illegal drug use, prescribed medications such as pain killers or even over-the-counter drugs, such as allergy medications.
The laws concerning this have established DUI standards, such as blood-alcohol concentration, or BAC. In California, the BAC is .08% or above. There are other tests that police can conduct. While you must give your consent to be tested, California has an "implied consent" law which means when you get a driver's license, it assumes your agreement for testing if the officer stopping you has reasonable suspicion.
Therefore, if you do not consent to be tested, the penalties can often be much harsher than if you had taken the test and failed it. An attorney can ensure your rights are protected when it comes to breath & blood tests.
Breath & Blood Tests in a Bakersfield DUI
What are these tests for?
If you are suspected of driving under the influence of alcohol or drugs, a police officer must follow certain procedures before an arrest can be made. These procedures are established under law to protect the rights of citizens and ensure they are not unfairly harassed, detained or arrested. In order to be convicted of a crime, there must be some kind of evidence that the crime has been committed. Breath and blood tests are used as evidence in a DUI case.
It is important to know that these tests are sometimes inaccurate due to incompetence in administering them or faulty equipment. For example, a knowledgeable Bakersfield DUI lawyer will most often review the maintenance records of a breathalyzer machine that has been used in your case to ensure proper maintenance has been done. Proper maintenance and calibration of these machines is essential for accurate readings.
Additionally, in the case of blood tests, contamination of the blood sample taken can cause faulty results. If this can be proven or even shown as likely to have occurred, it can possibly result in an acquittal.
Ramifications of Refusing to Take the Tests
The state of California has what is called "implied consent" when issuing driver's licenses. This means it is implied that when you are issued a license which gives you the privilege of driving on California's roads and highways, you will agree to be tested if an officer suspects you are under the influence while driving. Therefore, refusing to take the tests can result in your driver's license being suspended or revoked.
As a matter of fact, the driver's license penalties can be more severe if you refuse the tests than if you took the test and failed. Whatever your circumstances, if you have been charged with a DUI, The Law Offices of Kyle J. Humphrey stand ready to fight for you and help you reach the best possible result.
There are many factors involved in a DUI, whether it is a first-time charge, and even more if you have been previously convicted. You have the right to have someone on your side, looking out for your interests.
Contact a Bakersfield DUI lawyer today to discuss your case.