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What is a DUI?

A DUI is when someone drives a vehicle while having one of the following impairments:

  • Under the influence of alcohol
  • Has a .08 percent or more of alcohol in their blood
  • Under the influence of drugs
  • Under the influence of alcohol and drugs

Blood alcohol concentration (BAC) is determined based on the following factors:

  • Gender
  • Body size
  • The number and strength of drinks
  • The time period the the drinks were consumed in
  • Whether or not the driver has had anything to eat
  • Certain medical conditions that can effect how the body metabolizes alcohol


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Penalties for DUI

DUI penalties vary based on the prior convictions and the circumstances of the case. A DUI conviction stays on your record and will count as a prior for 10 years.
For the 1st Offense

  • Imprisonment time
  • $390 to $1,000 in fines
  • Driver’s license suspended for 6 months
  • Ignition Interlock Device (IID) for 6 months

For the 2nd Offense

  • Imprisonment time
  • $390 to $1,000 in fines
  • Driver’s license suspended for 2 years
  • IID for 1 year

For the 3rd Offense

  • Imprisonment time
  • Up to $1,800 in fines
  • Driver’s license suspended for 3 years
  • IID for 2 years

Felony DUI
A DUI is a felony when one of the following is true:

  • Someone is injured or killed.
  • You have 3 or more DUI’s within a 10-year period.
  • You have a prior felony DUI, regardless of the circumstances.

The possible penalties can include up to 3 years in a state prison.


Legal Defenses for a DUI

It’s common for police officers to pull someone over on a hunch that they may be driving under the influence of drugs or alcohol. Sometimes officers come up with excuses to pull someone over just to perform a DUI test. They generally are required to have a legitimate reason for pulling someone over. If they don’t have a legitimate reasons, then they violate the driver’s constitutional right to be free of unreasonable seizures. Any evidence that is gathered from an unlawful stop can’t be used against the driver.

Arrests are to be based on the probable cause that the driver violated the law. But sometimes, officers make arrests based on things that aren’t true, such as slurred speech when there was none, or saying that the sobriety test was a fail when it was actually a pass. If the officer can’t substantiate these facts with an objectively reasonable belief, then this evidence can’t be used against the driver.

Breathalyzer tests are often flawed and should be challenged. Some of the flaws include:

  • Not operating the machine correctly
  • A medical condition affecting the test results (diabetes)
  • An officer who was not certified to conduct the breathalyzer test
  • Measuring the residual alcohol in the mouth rather than the lung air

A blood test result can be questioned if they failed to refrigerate and preserve the blood sample before testing or any lab errors.

Sometimes officers take a blood test much later than when the driver is pulled over. It takes time for alcohol in the stomach to get to the bloodstream. Once alcohol is in the bloodstream, it starts affects the brain. But before that, alcohol does not affect the brain, therefore, doesn’t affect your driving.

Have you been legally accused of a felony DUI? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.

Get Legal Help Today.
Phone: 559-691-6222

Your Defense Attorney for DUI Felony Charges

I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, DUI’s, Vehicular Manslaughter, Gang Crimes and Sex Crimes to name a few.

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