california drivinf under the influence laws

Driving a vehicle under the influence (DUI) is one of the most serious and common traffic violations on the road. DUI is the most common criminal charge applying in the state of California.

DUI is an abnormal phenomenon and represents an increased danger to the public. Every fourth car accident occurs caused by drivers under the influence. Because of this fact that under the influence of alcohol or drugs many important body functions are violated and the driver decreases the reaction as a result it occurs overconfidence, disregard for traffic enforcement etc.

Studies of medical experts strongly suggest the commission of an accident depends on the intake of alcohol and the level of alcohol in the blood: almost in the blood of all the victims of automobile accidents alcohol content is higher than 1.50 g / L.

A California DUI consists of two charges for breaking the law.

The first is violation of Vehicle Code section 23152 (a) driving under the influence of alcohol and/or drugs and the second is violation of Vehicle Code section 23152 (b) driving with a blood alcohol content of 0.08% or higher.  All charges are very serious and can result in the loss of your license and much more.

According to California Vehicle Code (§ 23152(a) (b)) in order to be recognized guilty in DUI it must be proven that a person:

  1. was driving a vehicle
  2. was under the influence of alcohol and/or drugs or with a blood alcohol content of  0.08% or higher(California’s DUI Per Se Law)

It is important to know that it must be proved beyond any doubt that the offender was actually “driving drunk.” It is not considered as “driving drunk”, if a person stays beyond, in front of a vehicle, or he/she is asleep inside.

California Vehicle Code  defines the term “vehicle” as a device that is self-propelled, including: all self-propelled automobiles, motorcycles, trucks, mopeds, and scooters. It has to be noted that animals and bicycles are not considered to be a vehicle.

The term “under the influence” is  defined in CALJIC[1] 16.831: “a person is under the influence of an alcoholic beverage under the influence of a drug or under the combined influence of an alcoholic beverage and a drug when as a result of drinking such alcoholic beverage and using a drug his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

Blood alcohol content of  0.08% or higher can be proved by conducting blood-alcohol content tests.

The best advice for any driver in order to avoid a DUI arrest is to never drive if there is any chance to exceed the legal blood alcohol limit.

 

 

According to the drug experts the effect of alcohol in the blood influence on the general characteristics of a person in the following way:

ALCOHOL CONTENT

HUMAN CONDITION

0.0 – 0.2

“Physiological” or high “physiological” alcohol content in the blood. Up to a level of 0.20 g / l “alcohol number” can rise without alcohol – after receiving a large number of decayed, fermenting grapes and some fruit, food as well as in some states of the organism

0.5-1.0

This content of alcohol in the blood indicates a certainty of alcohol intake. External symptoms may not occur.

1.0-1.5

The apparent influence of alcohol. External signs are manifested in most people

1.5-2.0

Persistent influence of alcohol, a significant intoxication

2.0 or higher

A strong and powerful influence of alcohol

 

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.

You may file your request online, by telephone or by mail. 818-553-1000

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