Bakersfield DUI, What You Need To Know
This web page offers information regarding the criminal charges of drunk driving in
California. This Law Firm endorses the policy that one should not drive with any
measurable amount of alcohol in a person's bloodstream. The reason we believe
this to be a safe policy is not because it is illegal to do so, indeed California law
does allow a person to drive after consuming alcohol. Vehicle code 23152 for
example provides a person is only per se illegal if the concentration of blood
alcohol is .08 or higher.
The reason we recommend the zero tolerance approach is due to the fact that most
Bakersfield police and law enforcement agencies will arrest you if they detect the
slightest odor of an alcoholic beverage on your breath. Hopefully you will follow this
advice, however for those who do not we give the following information for people
contacted by a Bakersfield cop after consuming an alcoholic beverage:
Do not disclose the number of drinks consumed
This only hurts you no matter what you tell the arresting officer. For example, if you
say you had nothing to drink and the chemical test discloses a moderate level
which can be defensed you may have hurt the case because now the prosecutor
will make you out to be a liar and not credible if you have to testify at trial.
Do not agree to take any hand held Preliminary Alcohol Screening Device
Breath Test
Unless you are under age 21 the law does not require it. Despite our constant
warnings, many people still agree to submit to the "PAS" test in the field, much to
their peril. The California Vehicle Code makes this test optional and it can only hurt
you, therefore do not agree to take this particular hand held test.
Do not agree to submit to any Field Sobriety tests
If you feel you are impaired, in any way, do not submit to the "FST's", kindly tell the
officer you decline. These "coordination exercises" are not scientifically reliable,
they are too subjective and often are administered incorrectly by improperly trained
Bakersfield law enforcement.
Do not make admissions about your level of sobriety.
This speaks for itself. Do not incriminate yourself. You are in no position to try and
outsmart a police officer looking to arrest you.
Do not tell the officer where and when you were drinking.
This eliminates valid defenses such as the "rising blood alcohol" defense. An
experienced DUI Lawyer can argue this successfully but not if you lock yourself in to
a particular drinking pattern and time frame. A person for example instinctively
believes that saying they have drank much earlier in the day will help him when it in
fact it may not.
Do ask to speak to a Lawyer before any questioning.
This applies to all questions asked by the officer.
Do take the breath test (not the PAS), when given a choice between breath
or blood, upon being lawfully arrested.
The breath test is easier to challenge in Court. However, you should be aware that
if the arresting officer has reason to believe the driver is under the influence of
drugs the cop can request the suspect to submit to a urine or blood test. The law
provides a possible license suspension if the test is refused. A common scenario
is when the person arrested is suspected of being intoxicated by marijuana, they
take a breath test which comes out zero and a urine test is subsequently given.
Do consult a DUI Lawyer immediately upon being released from the Kern
County Jail.
If you do not retain competent legal counsel quickly you will prejudice your case. If
your drivers license is important to you contact a DUI attorney immediately.
Do not go to Court and try to represent yourself.
Legal self help does not work well, hire a professional.
Do not delay in requesting a DMV hearing ASAP in order to save your
drivers license after a DUI arrest.
Be aware of the ten day DMV deadline.
The information provided applies to California Law. This site does not intend to
provide legal information outside the state. Each case requires detailed analysis
and therefore an experienced attorney should be consulted for specific legal advice
regarding any case. We offer a free one on one legal assessment of your case.
This is done with you speaking directly with a local Bakersfield lawyer, not a "case
manager", legal assistant or paralegal. These people are not attorneys and should
not discuss your case with you. Call us at (661) 327-7833.
California. This Law Firm endorses the policy that one should not drive with any
measurable amount of alcohol in a person's bloodstream. The reason we believe
this to be a safe policy is not because it is illegal to do so, indeed California law
does allow a person to drive after consuming alcohol. Vehicle code 23152 for
example provides a person is only per se illegal if the concentration of blood
alcohol is .08 or higher.
The reason we recommend the zero tolerance approach is due to the fact that most
Bakersfield police and law enforcement agencies will arrest you if they detect the
slightest odor of an alcoholic beverage on your breath. Hopefully you will follow this
advice, however for those who do not we give the following information for people
contacted by a Bakersfield cop after consuming an alcoholic beverage:
Do not disclose the number of drinks consumed
This only hurts you no matter what you tell the arresting officer. For example, if you
say you had nothing to drink and the chemical test discloses a moderate level
which can be defensed you may have hurt the case because now the prosecutor
will make you out to be a liar and not credible if you have to testify at trial.
Do not agree to take any hand held Preliminary Alcohol Screening Device
Breath Test
Unless you are under age 21 the law does not require it. Despite our constant
warnings, many people still agree to submit to the "PAS" test in the field, much to
their peril. The California Vehicle Code makes this test optional and it can only hurt
you, therefore do not agree to take this particular hand held test.
Do not agree to submit to any Field Sobriety tests
If you feel you are impaired, in any way, do not submit to the "FST's", kindly tell the
officer you decline. These "coordination exercises" are not scientifically reliable,
they are too subjective and often are administered incorrectly by improperly trained
Bakersfield law enforcement.
Do not make admissions about your level of sobriety.
This speaks for itself. Do not incriminate yourself. You are in no position to try and
outsmart a police officer looking to arrest you.
Do not tell the officer where and when you were drinking.
This eliminates valid defenses such as the "rising blood alcohol" defense. An
experienced DUI Lawyer can argue this successfully but not if you lock yourself in to
a particular drinking pattern and time frame. A person for example instinctively
believes that saying they have drank much earlier in the day will help him when it in
fact it may not.
Do ask to speak to a Lawyer before any questioning.
This applies to all questions asked by the officer.
Do take the breath test (not the PAS), when given a choice between breath
or blood, upon being lawfully arrested.
The breath test is easier to challenge in Court. However, you should be aware that
if the arresting officer has reason to believe the driver is under the influence of
drugs the cop can request the suspect to submit to a urine or blood test. The law
provides a possible license suspension if the test is refused. A common scenario
is when the person arrested is suspected of being intoxicated by marijuana, they
take a breath test which comes out zero and a urine test is subsequently given.
Do consult a DUI Lawyer immediately upon being released from the Kern
County Jail.
If you do not retain competent legal counsel quickly you will prejudice your case. If
your drivers license is important to you contact a DUI attorney immediately.
Do not go to Court and try to represent yourself.
Legal self help does not work well, hire a professional.
Do not delay in requesting a DMV hearing ASAP in order to save your
drivers license after a DUI arrest.
Be aware of the ten day DMV deadline.
The information provided applies to California Law. This site does not intend to
provide legal information outside the state. Each case requires detailed analysis
and therefore an experienced attorney should be consulted for specific legal advice
regarding any case. We offer a free one on one legal assessment of your case.
This is done with you speaking directly with a local Bakersfield lawyer, not a "case
manager", legal assistant or paralegal. These people are not attorneys and should
not discuss your case with you. Call us at (661) 327-7833.
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Us | Links and Resources | Recent Criminal Case Results | Mojave Criminal Court | Site Map | DUI Lawyer in Kern County |
Common DUI Questions | About Us | Criminal Lawyer
