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Man facing California DUI charges for fifth offense

A 43-year-old transient man is facing DUI charges after being pulled over for going 10 mph in California. This would mark his fifth offense. His 47-year-old passenger, who is also a transient, was arrested for public intoxication and violation of probation. The 43-year-old was pulled over by a county sheriff's deputy, who reported smelling a strong odor of alcohol at that time. Ultimately, however, the Sonora Police Department handled arresting the man on DUI charges.

The man was reportedly swerving and traveling at a low rate of speed when pulled over. It isn't uncommon for an impaired driver to drive below the legal limit; however, driving slowly doesn't necessarily prove guilt. Slow speed can be a red flag for police officers that there is some type of issue with the vehicle operator, but that doesn't automatically make this man guilty of a DUI.

The man is now facing a felony DUI charge as well as driving without a license. His blood-alcohol content was reported to be three times the legal limit; which in California is 0.08%. With that being said, though, it is often important for a potential defense to raise the issue of whether the correct protocol was followed and whether an accused individual was treated appropriately and with all of their legal rights.

Driving under the influence is obviously a dangerous action, but not every person who is accused is guilty. An individual who is facing DUI charges may benefit from a full understanding of California state laws. Legal representation can also be helpful, especially when facing a felony charge. Knowing all of the relevant rights and options can help individuals move past a charge such as this and continue being a productive citizen.

Source: digitaljournal.com, "Driving 10 MPH results in DUI arrest," Gar Swaffar, April 3, 2013

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