Can You Be Arrested for Buzzed Driving?

car pulled over

Getting a good buzz might not seem like a big deal. But if you decide to get behind the wheel in the Oceanside area, you could be facing DUI charges. Under the law, buzzed driving and drunk driving are the same thing. If you have a blood alcohol concentration (BAC) of 0.08 or greater, you are legally considered under the influence and could be in serious legal trouble. 

Any time you are facing a criminal arrest, including Oceanside Driving Under the Influence charges, you need to contact an experienced DUI lawyer right away. Avoid talking to the police before consulting with your attorney first. Your DUI lawyer will help you through the process to ensure that your rights are protected from start to finish. 

Are you facing a DUI charge in Oceanside or San Diego, California? Contact the Law Office of Joni Eisenstein today to schedule your free and confidential consultation. 

What is buzzed driving? 

In short, buzzed driving is no different than drunk driving. In either case, you can be pulled over, arrested and charged with driving while under the influence. In some cases, you may not have to have a BAC of greater than 0.08 to be arrested for a DUI. 

A law enforcement officer can still arrest you for DUI when you are “buzzed,” with a BAC of over 0.0. If you were pulled over for driving in an unsafe manner, and you have a BAC of .01, you can still be charged and arrested. 

In this way, any time you drink alcohol and operate a motor vehicle, you are at risk of getting a DUI in Oceanside and San Diego. 

Why is buzzed driving illegal? 

Buzzed driving is illegal because you are still impaired. Impaired driving slows down a driver’s reflexes, impairs their judgment and lowers their inhibitions. Combined, all of these factors can make that individual a danger to other vehicles on the road and pedestrians in the area. 

What is considered a DUI in Oceanside? 

In the state of California, DUI is defined under Vehicle Code section 23152. 

“It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” 

There are other restrictions for certain types of drivers. For example, it is illegal for commercial drivers and those who drive passengers for hire to have a BAC of 0.04 or greater. 

What are your possible defenses against a Oceanside DUI? 

The penalties for a DUI conviction in Oceanside are serious and should not be taken lightly. First time offenders are facing fines, jail time, suspension of their driver’s license and alcohol classes. Some people may face harsher penalties if their DUI conviction also included injuries. 

A skilled DUI defense attorney will work with you to understand the facts of your case. Your attorney can call into question the legality of the initial stop, the validity of the field sobriety tests or the breathalyzer and other factors that could impact your arrest. If you were arrested with a BAC of less than .08, it will be harder for the prosecutor to prove that you were driving in an unsafe manner. A good attorney will consider all of these factors to build you a strong case. 

Contact Oceanside DUI Lawyer Joni Eisenstein 

Are you facing a DUI charge in Oceanside or San Diego? Do not attempt to face the courts on your own. You need a skilled, reputable and experienced DUI lawyer on your side, helping you fight for your rights. 

Joni Eisenstein has been working in the San Diego courts for over 25 years. Her experience is to your benefit. Do not wait to schedule your free consultation with DUI defense lawyer Joni Eisenstein today to discuss the details of your case.