Following are some answers to questions frequently encountered by the criminal defense attorneys at Thompson Law as they provide advice, counsel, and representation to individuals charged with DUI and other felonies and misdemeanors in Kern County and Tulare County communities such as Bakersfield, Delano, and Visalia. If you have other questions or need immediate assistance in a criminal law matter, contact Thompson Law for a free initial consultation.

Q. What is the legal limit for driving under the influence?

A. In the State of California, driving with a blood alcohol concentration (BAC) of .08 is per se intoxication for a DUI, meaning that no other evidence of impairment has to be shown. However, you can be arrested for drunk driving with a BAC of less than .08, if there is other evidence that your driving is impaired by alcohol, for instance if the police officer witnesses you weaving in and out of traffic.

If you are under 21 years of age, then any level of alcohol in the blood, even trace amounts, can provide the basis for a DUI. Also, if your BAC is shown to be .16 or higher, you can be subject to enhanced penalties upon conviction, even for a first offense.

Field sobriety tests and the equipment used can often be challenged in a variety of ways by a knowledgeable attorney.

Q. What happens if I refuse to take a breath test?

A. By obtaining a license and driving on the roads, you have given your implied consent to submit to some form of test when stopped by the police, although you generally have the option to refuse a breath test in favor of a blood or urine test. If you refuse a test altogether, your license will be automatically suspended for one year for a first offense, two years for a second offense, or three years for a third or any subsequent offense.

Q. Do I have to let the police in to search my home?

A. Although there are many situations when they police may conduct a warrantless search of your car or person, a warrant is generally required before the police may search your home. Most of the time, police officers are familiar with the law, and if they tell you they have a right to search you or your home, it is best to cooperate and not try to resist them. If they broke the law in conducting the search, your attorney can raise that matter at the appropriate time.

The one time the police can always conduct a search is when you consent to it. If the police ask your permission to search, they probably do not have a warrant in a situation that requires one. You are free to refuse consent in such a situation. Contact an attorney as soon as possible.

Q. Do I need a lawyer if I believe I am guilty? What about throwing myself on the mercy of the court?

A. Deciding what plea to enter is a serious matter that should be undertaken after a discussion of the strengths and weaknesses of the prosecution's case and any defenses you may have. It is the government's job to prove beyond a reasonable doubt that you committed the crime with which you are charged, and you are well within your constitutional rights to defend yourself and require that the government prove its case before losing your rights to liberty or worse.

Sometimes a guilty plea may be advisable. We will consult with and discuss all the pros and cons of your different options. If you do wish to enter a plea, we can enter into plea bargaining to garner the best outcome in your case.