A San Jose DWI lawyer will be the person you need to call if you have been arrested for drunk driving. If you failed the field sobriety test and are taken to the station and then fail the breath test or the blood or urine test then you will be charged with the offense.
If the officer thinks you did not pass according to his subjective observation you will be arrested and taken to the police station. You car or truck will be impounded. At the police station you will go through an alcohol testing.
This does not mean you are actually safe to drive at any level of alcohol but there has to be a legal limit set. It is unclear how much alcohol affects a particular person. But the bottom line is that to drink and drive is an irresponsible act. The person drinking and then driving can injure himself and others and also kill on the road.
The public has made such a complaint that the laws affecting the drunk driver suspect are very strict. In many cases he or she will not have the rights others do in other criminal proceedings.
This is not to say that a person who is actually guilty of the offense should escape punishment but people are still innocent until proven guilty even those who are suspected of driving while under the influence. If you are pulled over and you do not agree to the field sobriety test you are subject to arrest.
If you refuse to take the field sobriety test you will be arrested for failure to comply with the officer’s instructions and not for drunk driving. It will be at the station you will have to take the alcohol test. If your breath, urine, or blood test does not show your above the legal limit you will be let go.
If you are facing DWI charges in SJ, you need to discuss your options with an experienced Sunnyvale DWI Lawyer.
