Driving Under the Influence in San Diego
In San Diego, as in other areas of California a dui offense is both a criminal and civil matter. Drivers caught with illegally high alcohol levels in their blood or breath or who refuse to take (and complete) a chemical test are dealt with in two ways. They are:
prosecuted in court for the criminal offense of DUI or refusal. Criminal penalties imposed include jail and prison, fines, treatment, probation and license suspension.
subject to licensing action by the DMV (as part of the state's ALS system) for the civil offenses of driving in excess of the fixed "per se" (see below) alcohol limit or refusing a chemical test.
DUI drivers can be prosecuted for violating either the state's "per se" or "presumptive" alcohol limit or both limits.
Drivers who exceed the per se breath or blood alcohol content (BAC) limit are prosecuted solely for having an amount of alcohol in their system greater than that permitted by law. The driver's level of impairment is not at issue. Drivers are guilty of DUI simply for having violated the per se ("in and of itself") BAC limit. California's per se BAC limits vary depending on the driver's age, whether he or she is a commercial driver, and whether the case is adjudicated in a court (criminally) or by the DMV (civilly).
Drivers who exceed the presumptive BAC limit are presumed to have been under the influence of alcohol when driving, that is, it is assumed their faculties for driving were impaired. California's presumptive BAC limit is .08% (about four drinks in an hour for a 160-pound male). BAC levels are established from results of law enforcement officers' chemical tests. Drivers exceeding this presumptive limit are presumed to have been under the influence. Still, they can attempt to prove in court that - despite having had an incriminating BAC - they were not physically impaired when driving.
Drivers whose BAC does not exceed the presumptive BAC limits can still be convicted of DUI if other evidence shows their abilities were impaired.
Courts frequently prosecute arrestees for violating both the per se and presumptive statutes. If evidence from the BAC test is strong, it promotes conviction on the less complex per se charge; if BAC test evidence is not strong, prosecutors will still attempt to use sobriety test evidence to prove that the defendant was physically impaired, and guilty of the presumptive DUI charge.
Defendants convicted of both a presumptive and per se charge are punished for only one of these charges.
