Sonoma County, CA- If you have been arrested for a DUI in California, a new court ruling now makes it a lot easier for you to lose your driver’s license, even if you aren’t at or above the legal drinking limit.
In a recent case, the California Supreme Court decided that the state Department of Motor Vehicles could consider circumstantial evidence when trying to determine if a DUI suspect should have their license suspended.
The case of before the high court centered on an Orange County woman who was arrested for drunken driving. Her first breathalyzer reading showed that her blood alcohol content was .08 and rising according to the testimony of a toxicology expert, the OC Register reported.
She pleaded guilty to wet reckless but requested an administrative hearing with the DMV to keep her license as is a person’s right in the state of California. During the administrative hearing, a DMV officer determined that the breathalyzer results were not enough to suspend the woman’s driver’s license and instead relied on police observations of her behavior.
The woman appealed but all court decisions sided with the DMV, including the high court who decided that circumstantial evidence, such as police observations, is sufficient enough for the DMV to suspend a person’s license. But the court cautioned the DMV to apply the ruling on a case-by-case basis.
California DUI attorneys worry that this ruling could be used to unjustly seize the license of DUI suspect based on circumstantial and sometimes flawed evidence. One attorney explained to the OC Register that this ruling is especially detrimental to suspects whose blood alcohol levels are borderline or below the legal limit.
Your best bet to avoid losing your license is to not drink and drive in the first place, but that is advice many a drunken person ignores. Logic just seems to fly out the window despite what is at stake with a DUI conviction. Surprisingly the threat of jail, suspension of driving privileges, costly fines and a criminal record is not enough to keep some drunken drivers off the road. And few people realize that even once you’ve successfully completed your DUI sentence, you will still have to live with the consequences of DUI charge for years to come.
If you have been charged with a DUI you should fight the charges by retaining a DUI attorney in Sonoma County to work on your defense. At USAttorneys we have a team outstanding and accomplished defense lawyers who will be dedicate their time and energy to giving you the best defense possible. They will approach your case with tenacity and provide you with a vigorous and unbeatable defense.
As soon as you are charge with a DUI you need to reach out to an attorney immediately so they can begin working on your case. They are your best bet at beating a DUI charge or negotiating for a lesser charge and reduced penalties.