How Ignorance of the Law Plays into DUI Cases

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How Ignorance of the Law Plays into DUI Cases

One of the common sayings in the American legal system is ignorantia juris non excusat, which means that ignorance of the law is no excuse. In other words, anyone facing criminal charges is responsible for their actions, even if they do not know the law exists or how it applies in their scenario.

For example, with driving under the influence, if you didn’t know that you could be arrested for DUI if your blood alcohol concentration (BAC) is less than the .08% legal limit, it doesn’t matter to the police whether you knew about the law or not.

Under VC Section 23152(a), you can still be arrested for DUI so long as the police believe that you are impaired by alcohol or drugs. If you didn’t know that, unfortunately you can’t use it as a defense. The intent of this law is to prevent people from being excused from a criminal charge simply because they were unaware of a law.

Laws Need to Be Known to the General Public

Laws need to be made known to the general public. It is assumed that laws made public are known by all, but laws that are secretly passed and unknowingly enforced cannot be used to hold the accused accountable.

This means that if it cannot be proved that the law was common knowledge, the accused cannot be charged with the crime. In some cases, if an individual is unaware that they committed a crime or the risks associated with their actions, they be excused of charges.

However, in DUI cases, intent doesn't usually apply, as you are made aware of these laws when you obtain your driver's license.

How does this apply to law enforcement?

Ignorance of the law is also meant to stop police from using illegal tactics, methods, and force in the arrest of a citizen. Additionally, the use of DUI checkpoints to stop and question citizens that have not demonstrated any guilty behavior can also be questioned as a violation of their rights. However, California currently allows for these checkpoints.

Wondering if law enforcement used illegal arrest tactics in your DUI arrest? Contact The Law Offices of Virginia L. Landry to discover if your rights were violated.

Categories: DUI
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

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