A San Jose DWI lawyer will be the person you need to call if you have been arrested for drunk driving. If you failed the field sobriety test and are taken to the station and then fail the breath test or the blood or urine test then you will be charged with the offense.
The legal limit of blood alcohol is 0.08 percent. This is down from 0.1 percent. There has been a large outcry against those who would drive under the influence so the legal limit was limited. Some people want to level to be even lower. But until then you can drive legally if you are under the 0.08 level.
This does not mean you are actually safe to drive at any level of alcohol but there has to be a legal limit set. It is unclear how much alcohol affects a particular person. But the bottom line is that to drink and drive is an irresponsible act. The person drinking and then driving can injure himself and others and also kill on the road.
The public has made such a complaint that the laws affecting the drunk driver suspect are very strict. In many cases he or she will not have the rights others do in other criminal proceedings.
This is why you need a lawyer familiar with the system to represent you in court. The reason why the drunk driver has fewer rights for one is that driving is not a right it is a privilege. So from that standpoint the rights others have in other criminal proceedings are not available in a drunk driving case.
If you refuse to take the field sobriety test you will be arrested for failure to comply with the officer’s instructions and not for drunk driving. It will be at the station you will have to take the alcohol test. If your breath, urine, or blood test does not show your above the legal limit you will be let go.
If you are facing DUI charges in SJ, you need to discuss your options with an experienced San Jose DUI attorney.
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