"Drunk Driving"

There is a misconception that for a person to be guilty of DUI, they must be "drunk". I often get calls from people who say they were not "drunk" when driving or that they only had a "few beers" and felt "fine". There is no such offense of "drunk driving". For a person to be guilty of DUI, the prosecution must prove that a defendant was impaired through alcohol so that they were unable to drive with the caution characteristic of a person who was alcohol free. Dui defense depends on convincing a prosecutor, judge or jury that the defendant was not so impaired.

In addition, the law says that a person may be impaired to drive with a blood or breath alcohol level below the legal threshold of .08%. Depending on the evidence, a person may be guilty of DUI with an excessive BAC of .05% or more.

If you have been arrested for a DUI in Los Angeles, do not assume that your case will be dismissed if you were not "drunk" or even if the breath or blood results were below .08%, Please consult with Los Angeles DUI Lawyers Gold & Witham to take the steps necessary to defend yourself.


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