Sacramento DUI Lawyers
California has two basic fundamental driving laws, found in
Vehicle Code sections 23152(a) and 23152(b): 23152(a) states
that "It is a misdemeanor to drive under the influence of alcohol
and/or drugs;" and 23152(b) states that "It is a misdemeanor
to drive with .08% or more of alcohol in your blood."
Under California law, California Vehicle Code Sections 23152
and 23153, the following regulations apply:
- It is a crime for anyone with a blood alcohol level of .08
percent or higher to operate a motor vehicle on a public roadway.
- If you are under the age of 21, it is a crime to operate
a motor vehicle on a public roadway with a blood alcohol level
of over .01. This means that even one drink may put you over
the legal limit.
- It is a crime to drink any alcoholic beverage in a motor
vehicle upon a public roadway.
- It is a crime to have an opened container holding any amount
of alcoholic beverage in a motor vehicle on a roadway unless
the container is kept out of the immediate control of the occupants.
- Anyone arrested for driving under the influence must submit
to a chemical test (blood, breath, or urine) to determine the
alcohol content of the blood. Failure to complete or refusal
to take the test will result in suspension of the driver's
license for one year.
Top^
 Consequences of Driving Under the Influence (DUI) include:
- A DUI conviction is a permanent part of an offender's driving
record.
- The offender may lose work time.
- The offender will be required to complete an alcohol and
drug evaluation and an alcohol/drug remedial education course
or substance abuse treatment program before his/her driving
privileges are reinstated.
- The offender must meet the requirements of the Secretary
of State's Department of Administrative Hearings prior to obtaining
a restricted driving permit.
- The offender's vehicle may be impounded or seized.
- A Breath Alcohol Ignition Interlock Device (BAIID) may be
installed in the offender's vehicle as a condition of driving
relief.
- The offender will be subject to high-risk auto insurance
rates.
- The DUI criminal charge is prosecuted and adjudicated in
the courts. This charge is separate from the statutory summary
suspension, which is an administrative process.
- A person convicted of DUI who lost his/her driving privileges
because of a summary suspension will have that time credited
to the minimum driver's license revocation period.
- Full driving privileges are lost for a minimum of five years
if a driver receives a second conviction for any of the following:
DUI; leaving the scene of a personal injury or fatal crash;
reckless homicide, or any combination of these offenses in
a 20-year period. If a driver receives a third conviction for
any of these offenses, regardless of the length of time between
convictions, full driving privileges will be lost for a minimum
of 10 years. If a driver receives a fourth or subsequent conviction,
his/her license will be revoked permanently. If a driver is
convicted of DUI in another state, your state of residence
driving privileges will be revoked.
Police typically use three methods of determining whether a
driver has had too much to be driving:
- Observation - A police officer will pull
you over if he notices that you are driving erratically --
swerving, speeding, failing to stop or even driving too slowly.
Of course, you may have a good explanation for your driving
(tiredness, for example), but an officer is unlikely to buy
your story if he smells alcohol on your breath or notices slurred
words or unsteady movements.
- Sobriety tests - If an officer suspects
that you are under the influence, he will probably ask you
to get out of the car and perform a series of balance and speech
tests, such as standing on one leg, walking a straight line
heel-to-toe or reciting a line of letters or numbers. The officer
will look closely at your eyes, checking for pupil enlargement
or constriction, which can be evidence of intoxication. If
you fail these tests, the officer may arrest you or ask you
to take a chemical test.
- Blood-alcohol level - The amount of alcohol
in your body is understood by measuring the amount of alcohol
in your blood. This measurement can be taken directly, by drawing
a sample of your blood, or it can be calculated by applying
a mathematical formula to the amount of alcohol in your breath
or urine. Some states give you a choice of whether to take
a breath, blood or urine test -- others do not. If you test
at or above the level of intoxication for your state (.08 to
.10 % blood-alcohol concentration, depending on the state),
you are presumed to be driving under the influence unless you
can convince a judge or jury that your judgment was not impaired
and you were not driving dangerously. Defense attorneys often
question the validity of the conversion formula when driver's
alcohol levels are based on breath or urine tests.
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