December 30, 2012
Years end is historically a busy time for DUI enforcement in California, the CHP has all available officers on the roads looking for erratic driving or any other vehicle code violation in order to pull drivers over and check their level of sobriety. What is the best advice to avoid being part of the statistics? Don’t drive after drinking any amount of alcohol. But is it legal to drink and then drive after consuming one drink? For most the answer is yes it is legal. Despite what MADD and other groups feed the media, the law makes it illegal to drink and drive only if the person’s BAC is at or above a .08 or the person is impaired. The law presumes that a driver is not under the influence or impaired if their level is below a .05 percent, which would be the level of most who have had only one drink.
What is a good rule of thumb for people who do not have a designated driver and choose to imbibe and later drive? Here is a safe rule of thumb: If you drink, your body will burn off that drink in one hour, so if you have a glass of wine, a glass of beer or a mixed drink and wait for one hour you will likely be at a .00 percent BAC.
December 29, 2012
There is nothing better than to get a letter from your lawyer telling you your DUI case has been dismissed. This is exactly what happened recently for a client that had a warrant for a drunk driving case in the Lamont Court in South Kern County. The client had been working in the area and was stopped after a night out, he was brought in and booked for driving under the influence of alcohol, VC23152a. The client subsequently left the area and missed his Court date in the Arvin-Lamont Superior Court, a bench warrant was issued and it remained active for some time. It was discovered when the driver went to his home DMV and was unable to renew his license due to the failure to appear. He went online and searched for a lawyer who could help him get the warrant recalled and resolve the criminal charges, he retained Bakersfield DUI Attorney Bruce Blythe who immediately got the arrest warrant quashed and filed a motion to dismiss the charges on various Constitutional grounds. According to the accused, the attorney kept him informed and up to date about the case and explained the strategy that he intended to use to get the DWI case dismissed. After about 45 days Mr. Blythe got a hearing to drop the case. The District Attorney agreed with the lawyer and did not oppose the dismissal of the case on the grounds that the defendant’s rights were infringed by failing to prosecute the charges in a speedy manner. At the end of the day, the client was pleased with the efforts of the representation, the case was dismissed and he was able to get his license renewed in his home state.