California DUI Offenses
You’re probably wondering how your lawyer will attempt to prove your innocence. Here’s a taste of some of the arguments he/she might use to win your case:
Misdemeanor DUI – Driving Under the Influence
California Vehicle Code 23152(a) makes it illegal to drive a motor vehicle while under the influence of alcohol or drugs or both. “Driving under the influence” (DUI) means driving when one’s physical and mental abilities are impaired to the extent that he/she can no longer exercise the caution and dexterity characteristic of a sober person. Evidence of DUI impairment can include DUI-characteristic driving patterns, objective symptoms of intoxication, poor performance on the field sobriety tests 4 and high results on a DUI blood test or DUI breath test.
Driving with a BAC of .08 or Higher
California Vehicle Code 23152(b) makes it illegal to drive with a BAC of .08 or higher. This is known as the “per se” section of California DUI law because it applies regardless of whether or to what extent the driver was intoxicated. In theory, a person with a high tolerance for alcohol can be above a .08 BAC and still not be impaired. Likewise, some people can become impaired with a BAC below the .08 threshold.
DUI Refusal Cases
A person arrested for DUI who refuses to take a BAC test can still be charged with Vehicle Code 23152(a)—the basic California DUI offense—based on the other evidence of intoxication. However, the case may be more difficult for the DUI prosecutor to prove. But if the defendant is convicted, he faces increased DUI penalties including mandatory jail time, a longer alcohol program, and a one-year license suspension.
DUI with Injury
If a person who is under the influence or has a BAC of .08 or higher causes an accident, and a third party is injured, the driver can be charged with the more serious offense of DUI with injury. The D.A. will either file the case as a misdemeanor DUI or a felony DUI, depending on the severity of the injuries. If the third party is killed, the DUI prosecutor can charge vehicular manslaughter or even murder.
Seek Counsel for Help With Any DUI Charges
If you or a loved one is charged with any of these offenses, seek the help of a qualified California DUI defense lawyer. These are serious and complicated cases. Never try to go it alone. A good DUI defense attorney can often help you to avoid a DUI conviction, to avoid a license suspension and to minimize the consequences.
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