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Driving Under the Influence (DUI or DWI) is one of the most pervasive criminal charges in
California. Once a person is charged with a DUI or DWI they need to take immediate action to insure that they are
able to have the best possible outcome for their case. The first task is finding an attorney. Many people do not
know where to begin. Many people do not know how to decide which
attorney they should trust with one of the most serious situations that they will ever
endure.
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The Process
Arrest to Trial and
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The police are authorized to arrest a person when a misdemeanor has been committed in
their presence or the officer has Probable Cause to believe that a person has committed a
felony.
Probable Cause to arrests exists
when an officer believes that a crime has been committed and the person being arrested has committed the
crime. The general standard is that the evidence and surrounding circumstances would lead a reasonably
prudent person to conclude that it is more probable than not that a particular person committed a crime.
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Driving under the influence (DUI) (driving while intoxicated (DWI), drunk driving,
operating under the influence, drinking and driving, drink-driving, impaired driving) is the act of driving a
motor vehicle with blood levels of alcohol in excess of a specified limit. Similar regulations cover driving or
operating certain types of machinery while affected by drinking alcohol or taking other drugs. This is a
criminal offense in most countries. Details of the offense depend upon the jurisdiction, and may include merely
being in physical control of a motor vehicle while being under the influence of alcohol or drugs. Convictions
do not necessarily involve actual driving of the vehicle.In most jurisdictions a
measurement such as a blood alcohol content in excess of a defined level, such as 0.05% or 0.08% defines the
offense, with no need to prove impairment or being under the influence of alcohol. In most countries, anyone
who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be heavily
fined, as in France, in addition to being given a lengthy prison sentence.
Many states in the U.S. have adopted truth in sentencing laws that enforce strict
guidelines on sentencing, different from past practice where prison time was reduced or suspended after
sentencing had been issued.
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