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What is "Blood Alcohol Level" or BAC?

• Blood Alcohol Level (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for California drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test (Breathalyzer), although blood and urine testing is also done. If the level is found to be at least 0.08% the test results can establish a presumption of impairment.

• In California a refusal to take a Breathalyzer test can result in the filing of an additional charge against you, as well as a license suspension for 1 year. In addition, if you took your case to trial but had refused the Breathalyzer test, the jury may use this against you.
  

• No. Many people confuse these two terms. In California, you do not have to be drunk or driving drunk in order to get arrested and convicted of a DUI. Being drunk refers to a person who is so inebriated that he or she is incapable of caring for his or her own safety. In a DUI case, the prosecutor must prove that you were impaired (by drugs or alcohol) to an appreciable degree while operating a motor vehicle.

• Not necessarily. If you are being charged with a misdemeanor and have a licensed California lawyer to represent you, you will not need to personally appear in court.

• That depends on the circumstances that surround your California DUI case. When you were arrested, you were given a pink sheet of paper that serves as both a Notice of Suspension and a 30-day Temporary License. If the DMV was not contacted (by either you or your attorney) within 10 days after you were arrested to request a hearing, your California driver’s license suspension will automatically begin 30 days after the arrest. When a hearing has been requested, the pink 30-day Temporary License is extended for an amount of time that coincides with your hearing date. A sharp DUI defense lawyer, such as Stephen G. Rodriguez, is your best defense for ensuring your permission to drive.

• Yes. Police officers are supposed to read you your Miranda rights during the arrest. Many officers fail to do so. If you were not read your Miranda rights, the prosecutor cannot use anything you said after the arrest as evidence against you.

• The officer also should have advised you of California’s “implied consent” law, which deals with taking a test that measures the amount of drugs and/or alcohol in your system. He or she should have told you about your legal obligation to take this test, given you a choice of a blood, urine, or breath test, and warned you of the results if you refuse to be tested.
  

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