San Diego .20 BAC DUI Lawyer
In California, if you have a BAC of .20 or higher, then the prosecutor may seek to impose enhanced penalties. Sometimes this is referred to as an extreme DUI or an enhanced DUI because of the high blood alcohol level.
California Vehicle Code 23578 states:
In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person
I was not drunk. Can I be charged with DUI for smoking marijuana or taking prescription medications?If you were arrested for DUI but didn’t have alcohol in your system, you can still be charged with DUI. There are a number different charges associated with misdemeanor and felony DUI. You can be charged with an (f) count if you consumed any intoxicating drugs, regardless of whether they are illegal or prescription. But, if you were under the influence of both alcohol and drugs, then you can be charged with an (e) count for driving under the influence of drugs and alcohol.
Aren’t the police supposed to read me my Miranda rights?It seems like common sense that an officer must read you your Miranda rights. Although this is true in a situation where you are being interrogated, for purposes of DUI, you don’t have that same right. Many times an officer will ask you questions prior to administering field sobriety tests and placing you under arrest. These questions have been classified as “pre-investigatory” questions and are not subject to Miranda. Therefore, it is important you speak with an experience DUI Defense Firm to know whether or not the failure to read you your rights will affect your case.
I was involved in an accident and someone was injured. Will I be charged with a Felony?Maybe. You can be charged with Felony DUI whenever anyone other than yourself is injured. Even if the injuries were to a friend and their injuries are minor, you can still be charged with a felony. Penalties for a Felony DUI can be severe because your can face time in prison.