Did you know that according to California DUI law, a driver 21 years of age or older with a BAC under .08% can still face DUI charges? Most drivers understand that driving with a BAC of .08percent or more will lead to DUI charges- that is known as a per se DUI. Per se DUIs are straightforward. They rely on analyzing the driver’s blood-alcohol level. If the effect of the chemical test comes back at .08% or above, it’s an automatic DUI. However, under California DUI law, a driver 21 or older can also be charged with a DUI with a BAC within the legal limit if their driving is impaired because of the use of drugs or alcohol.
California Vehicle Code 23152(a)
According to California Vehicle Code 23152(a),”it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” Legally, you are”under the influence” if your”physical or mental abilities are impaired to such a degree that you do not have the ability to push with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.” This sort of DUI is a lot more subjective. To be charged with a DUI with a BAC below.08, simply requires the officer to have probable cause or a reasonable suspicion that you’re driving impaired. By way of instance, a police officer can develop probable cause based on observing questionable driving behavior. Suspicious driving behaviours include driving too fast or slow, weaving between lanes, failure to use turn signals, failure to stop at a stop sign, etc.. After pulling over the motorist, the officer will look for indicators of physical or behavior traits that indicate impairment and thus establish probable cause. Examples include red or bloodshot eyes, slurred speech, dilated pupils, an open container, slurred speech, the odor of alcohol, erratic behaviour, etc..
If the officer finds out signs that could indicate impairment, he or she’ll ask you to carry out a series of field sobriety tests that function to test your mental and motor skills so as to identify whether you are impaired. California implied consent laws require anyone with a valid driver’s license to submit to alcohol and drug testing if an officer suspects you of committing a DUI. After conducting several field sobriety tests, the officer will probably ask you to submit to a breathalyzer. If you blow off within the legal limit but performed poorly on the field sobriety tests, the officer can still arrest you for DUI. Even if you refuse to blow, the officer can still arrest you if they think that you are impaired. According to California’s implied consent laws, refusal to blow can result in the immediate suspension of your driver’s license. Fortunately, there are several California DUI Defenses to Vehicle Code 23152(a). A skilled and experienced California DUI attorney can help you fight your DUI charge and potentially get the charges reduced or even dismissed.
California DUI laws make it illegal to drive while”drunk” by any substance. If the officer witnesses indications of disability resulting from drugs (legal or illegal), you can still be detained for DUI/DWI. Orlando FL Medical Marijuana Doctor Law enforcement officials believe that the legalization of recreational marijuana will cause a growth in California DUI arrests. The absence of an accurate scientific method to accurately gauge the quantity of THC affecting someone at a certain time, gives law enforcement officials extraordinary discretionary power to detain based on the suspicion of intoxication.