California DUI Attorney Giving You the Representation You Need for DUIs Due to Erratic Driving

Most people pride themselves on being safe drivers. They exercise caution behind the wheel, use proper signals, and obey traffic laws. However, there are always exceptions. Sometimes people may drive erratically. This may be because they are in a hurry, due to an emergency, or accidentally due to a minor distraction. Erratic driving is usually temporary and unintentional.

Most people will drive erratically at some point in their lives. However, if an officer sees someone driving erratically, they may mistake that person for driving under the influence. If this happens, the driver may be pulled over. Depending on an officer’s assessment, the driver may be arrested on DUI charges. If you or a loved one have been arrested on suspicion of DUI due to erratic driving, you must contact an experienced attorney to help keep you out of jail.

What is a DUI In California?

Someone commits DUI in California if they operate a motor vehicle while under the influence of any substance that impairs their abilities. Many people only think of alcohol when they think of driving under the influence. However, a person can be arrested on suspicion of DUI if they consume anything that impacts their ability to drive. This includes but is not limited to:

• Marijuana
• Recreational Drugs
• Over-the-Counter Medications
• Prescription Medications

If it impacts someone’s ability to drive, even a doctor prescribed medication can lead to a DUI. Currently, marijuana is responsible for the majority of fatal DUI wrecks in California. The State of California takes DUI charges seriously. This is true even for a first offense. In California, the penalties for a first time DUI can include but are not necessarily limited to:

• Up to Six Months in Jail
• Up to a $1,500 Fine
• Up to Five Years Probation
• Suspension of Driver’s License
• Mandatory Driver’s Education Courses

These penalties can increase on second and subsequent offenses. They may also be enhanced if there are extenuating circumstances, such as minors under 14 in the car at the time of the arrest. In California, only driving under the influence of alcohol has a metric for arrest. This is because officers can measure blood alcohol content. Someone commits DUI after drinking if they operate a motor vehicle with a BAC of .08% or higher. However, if another substance impairs someone’s abilities, it is at the officer’s discretion whether or not to make an arrest. This is because there is no way to measure intoxication by a substance like marijuana in the field. This means an officer will likely make an arrest if a person seems impaired. This is true even if the driver was not impaired but driving erratically.

What is Erratic Driving in California?

Erratic driving is also called reckless driving. Someone drives recklessly if they operate a motor vehicle without regard for other people’s or property’s safety. Reckless driving carries potential criminal charges in California. If someone is found guilty of driving recklessly, they face penalties including but not necessarily limited to:

• 90 Days in Jail
• A Fine Up to $1000
• Suspension of Driver’s License
• Mandatory Driver’s Education Courses

Under California law, a charge of driving erratically is generally preferable to driving under the influence. The penalties are less severe and reckless driving carries a lesser social stigma. While reckless driving charges can result in potentially long-term consequences, they generally aren’t as damaging as those related to a DUI conviction.

Because it is up to an officer whether to charge someone with DUI, someone who was driving erratically may be mistaken for driving under the influence. This can be for several reasons:

• Erratic or Slurred Speech
• Panicky Demeanor or Nervousness
• Agitation
• Excitement

If someone is in a rush, facing a medical emergency, or simply nervous, they may appear impaired. Many people take on characteristics similar to chemical intoxication when they are upset, excited, or afraid. This could mean someone in a hurry to get to an important meeting may drive erratically, get pulled over, and then face suspicion of intoxication due to their excited speech. Even if an individual does no t appear drunk, they could seem under the influence of some other substance. Because officers have no way of testing for substances other than alcohol, a police officer may make a DUI arrest to be cautious.

What Are Defenses to DUI Charges for Reckless Driving in California?

If someone is charged with DUI for reckless driving in California, it is not only possible for that person to prove they were not intoxicated but also that they were not driving recklessly. There are multiple defenses to reckless driving charges in California. These include but are not limited to:

• Emergency (Such as for a Medical Event)
• Necessity (Such as Swerving to Avoid a Person or Obstacle)
• Duress (You Were Forced)
• You Were Not Driving Recklessly
• You Were on Private Property

Ideally, a person who arrested for suspicion of DUI due to reckless driving would be able to demonstrate they were either not driving recklessly or that they had no other choice. This can lead to all charges being thrown out. If you or a loved one were arrested on suspicion of DUI due to reckless driving, it’s key you contact an experienced DUI attorney. They will help you mount a case on both the DUI and reckless driving front and potentially get all charges dismissed.

What Should I Do if I’m Arrested for DUI Due to Reckless Driving in California?

Everyone will drive erratically at some point in their life. It’s unavoidable for anyone getting behind the wheel of a vehicle. No one deserves to suffer long-term consequences for a momentary lapse, especially if it was unavoidable. It is especially crucial no one face charges of DUI when they were not driving intoxicated. A DUI charge can have a potential long-term, life-changing impact on someone. If you or a loved one have been arrested for DUI due to erratic driving, you should immediately contact Patrick Silva, Attorneys at Law, located at 205 E. State St. Redlands, CA 92373.

Patrick Silva, Attorneys at Law, understands that sometimes people make minor lapses behind the wheel. They also understand these lapses are sometimes unavoidable. They don’t believe anyone should suffer long-term impact because of these lapses, and they especially don’t think someone should face DUI charges because of them. Patrick Silva, Attorneys at Law, works with every client to help build the strongest defense possible. They’re happy once their clients have had charges dropped and their records cleared.

A DUI charge can be frightening. It doesn’t have to be. If you or a loved one were arrested for DUI because of reckless driving in California, don’t hesitate to call Patrick Silva, Attorneys at Law, at 909-500-4819 or email them for a free consultation. They’ll fight to protect your name and freedom.