California DUI Arrests Under Legal Limit

CA DUI Laws – BAC Under.08 May Still Lead to DUI Arrest

Did you know that under California DUI law, a driver 21 years of age or older with a BAC less than .08% can still face DUI charges? Most drivers know that driving with a BAC of .08% or higher will result in DUI charges, this is known as a DUI per se. DUIs per se are straightforward. They depend on testing the driver’s blood alcohol level. If the chemical test result is .08% or more, it is an automatic DUI. However, under California DUI law, a driver 21 years of age or older can also be charged with a DUI with a BAC within the legal limit if their driving is affected by drug or alcohol use.

California Vehicle Code 23152 (a)

According to California Vehicle Code 23152 (a), “it is illegal 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 an extent that you no longer have the ability to drive with the sober caution of ordinary prudence under the same or similar circumstances.” This type of DUI is much more subjective. To be charged with DUI with a BAC below .08, the officer simply requires that the officer have probable cause or reasonable suspicion that you are driving under the influence of alcohol. For example, a police officer may develop probable cause based on observing suspicious driving behavior. Suspicious driving behaviors include driving excessively fast or slow, zigzagging between lanes, not using turn signals, not stopping at a stop sign, etc. After stopping the driver, the officer will look for signs of behavior or physical traits that indicate an impairment and therefore establish probable cause. Examples include red or bloodshot eyes, slurred speech, dilated pupils, an open container, slurred speech, smell of alcohol, erratic behavior, etc.

California Implied Consent Law

If the officer sees signs that could indicate an impairment, they will ask you to take a series of field sobriety tests that serve to assess your mental and motor skills to identify whether you are impaired. California implied consent laws require that anyone with a valid driver’s license submit to drug and alcohol tests if an officer suspects that you have committed a DUI. After running several field sobriety tests, the officer will likely ask you to submit to a breathalyzer. If you blow within the legal limit but performed poorly on 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 you are incapacitated. In accordance with California’s implied consent laws, refusal to blow may result in immediate suspension of your driver’s license. Fortunately, there are several California DUI Defenses to Vehicle Code 23152 (a). A qualified and experienced California DUI attorney can help you fight your DUI charge and possibly get the charges reduced or even dismissed.

Driving under the influence of drugs in California

California DUI laws make it illegal to drive “intoxicated” by any substance. If the officer witnesses signs of impairment as a result of drugs (legal or illegal), he can still be arrested for DUI / DWI. Law enforcement officials believe the legalization of recreational marijuana will lead to an increase in DUI arrests in California. The existence of a precise scientific method to accurately measure the amount of THC deficiency that affects a person at a specific time, gives law enforcement officers extraordinary discretionary power to arrest based on suspected intoxication.

Leave a Reply

Your email address will not be published. Required fields are marked *