A San Jose DWI lawyer can defend you if you are looking at a charge of driving while intoxicated. If you are stopped for alleged drunk driving you will be asked by the officer to go through the field sobriety.
If you fail the test according to the judgment of officer who gives the test you will be taken into custody and your vehicle will be impounded. You will be taken to the police station where you will be tested for the alcohol content in your body. The legal limit of alcohol in your body is 0.08 percent.
This was reduced from 0.1 percent because of the public outcry against drunk driving. It is true that drunk driving is a terrible crime and it is an irresponsible act to go out drinking and then get behind a wheel of the car where a person can injure or even kill himself or others on the road.
Because the public has asked for laws to be passed to make the penalty for drunk driving more severe the person who is charged with drunk driving will find that his rights in a criminal proceeding are actually limited compared to other criminal proceedings. This is why you need a professional legal team to defend you against the charge.
People, even those charged with drunk driving must still be proven that they were driving under the influence. The prosecution has the burden of proof. The person charged does not have to prove he or she is innocent. But because the public wants stiff laws against drunk drivers this would not seem to be the case. If you are pulled over for suspicion of drunk driving you will be taken under arrest to the police station for not taking the test not for drunk driving.
It will be at the police station your breath, urine or blood is tested. It will be determined then if you are legally under the influence. If you are not at the legal level you will are free to go. If not then you will need to be in custody until it is determined you are sober. When you are released you need to call a lawyer.
If you are facing DWI charges in Lost Altos, you need to discuss your options with an experienced San Jose DWI Lawyer.