Most of the moment when we hear about an accident or incident involving a person driving while impacted by the effects of alcohol, we automatically make assumptions about that person. The same goes for the majority of individuals who are recognized under the law as you peers. Gerald Owens, who works at Hart Levins firm that is compromised of Los Angeles DUI Lawyers, says that “Since the decision of whether or not you are under the influence is left to the discretion of the enforcing officer, you absolutely must have a DUI Lawyer in California if you expect to be treated fairly.
The term DUI has so many negative connotations that are almost a lightning rod for condemnation, and there are some cases wherein this is a reasonable reaction. An individual that makes the decision to operate a motor vehicle when they are impaired is making a poor choice and gambling with the lives and property of others. But our society has evolved a system of justice that is supposed to protect all of us, even those who make bad choices.
The actual nightmare scenario is you having the smell of alcohol on you when someone else, driving recklessly or distracted crashes into your vehicle. Jeff M., a Workers Compensation Attorney San Diego, adds that if its a company driver you crash into, typically it is not a worker’s compensation claim. “In these circumstances however, a DUI lawyer is a resource for dealing with this type of case.” The chance of you being able to explain what happened are significantly diminished the second the officer since you have had a few drinks. We are, as a society, spring loaded to the conclusion that the person in an accident that was drinking must be at least partially if not wholly responsible, even before an analysis of the mishap has been conducted.
There is also a practical problem with our aggressive pursuit of individuals driving under the influence, how is the person to know they are technically DUI? There are certainly no testing capabilities at establishments that serve alcohol to allow the driver to assess their status after a few drinks. Even the decision as to what constitutes drunk driving, while not exactly arbitrary, is certainly not scientific.
With alcohol, the effect on our body is the result of some characteristics. Body size, tolerance to alcohol, and even the level of fatigue the person is experiencing all make a difference in how alcohol will influence a person. Today three beers might have no impact on you at all as far as your coordination is concerned, tomorrow, after a bad night with little sleep and a long stressful day, two beers may significantly decrease your performance. No standard method accurately assesses how much alcohol is a safe level on any given day.
This is not to indicate in any fashion that we should be tolerant of those individuals who have had so much to drink they are no longer sure who they are or what they are doing, but for social drinkers who have had a few with dinner, the resulting penalties can be overly draconian. Also, the determination that one is driving under the influence can also be made when one is reacting to medication or having a little sugar diabetic reaction.
We have seen this rarely mistaken event play out sensationally over the media when a woman is subjected to force by an office who believes she is inebriated only to discover she is dangerously hypoglycemic. While the mistake is understandable and can even be justified, the resulting citation will place the unfortunate driver in the position of facing the laws formulated for an entirely different purpose.
Without regard to guilt or innocence, the rebellious nature of a citation for the drunk driving means that such a case will be pursued with vigor under the law. An individual who means well and tries to handle the situation by themselves is likely doing themselves a tremendous disservice. It has been said which he who draws himself has a fool for a lawyer, and that goes in these situations. If you get arrested, retain a DUI attorney in California and give yourself an even chance.