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Blood Alcohol Concentration in Aliso Viejo

Consuming alcohol and/or drugs can easily impair your ability to drive in a safe manner. If a police officer suspects that you are driving under the influence of drugs or alcohol, they can legally ask you to submit a blood alcohol concentration test via breath (BrAC), draw blood for a blood alcohol concentration (BAC) test if you refuse to submit breath, or perform test your urine. Remember, by receiving a driver’s license, you are consenting to a blood alcohol concentration test when an officer deems there is probable cause.

Similarly, if a police officer suspects you are driving while intoxicated, your vehicle may be searched and any evidence collected during the search can be used against you if charges are filed against you – including filing additional charges depending on what the police find.

When can you be arrested for a DUI

In Aliso Viejo, as in the rest of California, it is against the law to drink any amount of alcohol inside of a vehicle whether you are operating the vehicle or not.

If you are carrying alcohol inside the vehicle, the alcohol container must be sealed, full and unopened. Otherwise, alcohol should be kept away from where passengers are seated. For example, having an opened alcoholic drink in the glove compartment is illegal, but it isn’t illegal to have the opened drink in the trunk of the vehicle.

Failure to keep open containers of alcohol in the trunk of your car will likely result in a citation for possession of an open container, and is probable cause for you to be subject to a DUI investigation. A DUI investigation could include a field sobriety test, a search of your car and person, and a potential for other vehicle citations.

A police officer has probable cause to stop you if you are observed driving erratically, or doing another action that could indicate driver intoxication. This could include swerving, driving below the speed limit, frequently correcting your direction of travel, failing to signal for a lane change or turn, driving at night or in the rain without your headlights, or driving with your hi-beams on.

BAC Limits based on conditions

If you are subjected to a blood or urine test by a patrol officer, the following specific conditions and blood alcohol concentration limits will get you arrested for a DUI.

  • If you’re 21 years old or over and your BAC is 0.08% or higher
  • If you’re under 21 years old and your BAC is 0.01% or higher
  • If you are of any age, are on DUI probation and if your BAC is 0.01% or higher
  • If you have a BAC of 0.04% or higher while in a vehicle that requires a Commercial Driver’s License.

There are circumstances where, even if your blood alcohol content is below the legal limit, you can still be arrested for DUI. In these times – and all other times you are under investigation for a crime - it is best to assert your 5th amendment right to not incriminate yourself, tell the officer you want to speak to your lawyer, and refuse to discuss the events leading up to the stop by the police.

What to do when stopped for a suspected DUI

If you refuse to give BrAC, give blood for a test, or a urine test you may face harsher penalties if you are found guilty. The best thing to do is to take the test and call an attorney who specializes in DUI defense to represent you.

The Johnson Criminal Law Group will fight to protect your rights in your DUI case. Contact us to see if we can help avoid your driver’s license from being suspended.

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