It’s lighthearted, doesn’t go too far, and keeps to the point. Check out Newport Beach Police Department’s holiday jingle to not drink and drive. Have a safe holidays everyone!

Some Basics on DUI Arrests and DUI Charges

Nobody expects to spend the night in jail for driving drunk.  That’s the problem.  Few DUI cases involve someone actually being the kind of “drunk” that we think of.  There are PSA’s out there that tell us “driving buzzed is driving drunk”.  There’s a little bit of truth to that statement in that many DUI clients (if not most) didn’t think they were really drunk.

The Law of DUI – Driving Under the Influence of Alcohol or Drugs

To put it simply, to be found guilty of a DUI a person must have been:

1.  Driving a vehicle, and

2.  When that person drove, they were under the influence of alcohol or drugs to the point that their mental or physical abilities were so impaired they they weren’t able to drive with the caution of a sober person.

What About Having .08% of Alcohol in your Blood?

The measurement of alcohol in a persons blood creates what’s called a “rebuttable presumption.”  In other words, the law has established through research and studies by various government agencies that an ordinary person with that amount of alcohol in their blood is presumed to be impaired.  It’s your job (or your lawyer’s) to refute that presumption and show that you weren’t impaired.

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About the Author: Bart Kaspero

Bart Kaspero is an experienced criminal defense and regulatory attorney who has focused on using technology and the law in bringing privacy to criminal records. His unique background has allowed him to help a broad spectrum of clients and cases involving cryptocurrency, import/export violations, cannabis/CBD licensing, consumer protection, and emerging market businesses.

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