CA DUI Laws- BAC Under.08 Can Still Lead to a DUI Arrest
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 are aware that driving with a BAC of .08% or more will lead to DUI charges- this is referred to as a per se DUI. Per se DUIs are simple. They rely on testing 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 may also be charged with a DUI with a BAC within the legal limit when their driving is impaired due to the use of drugs or alcohol.
California Vehicle Code 23152(a)
In accordance with 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 drive with the caution characteristic of a sober person of ordinary prudence under the same or similar conditions.” This type of DUI is far 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 example, a police officer could develop probable cause based on observing questionable driving behavior. Suspicious driving behaviors include driving too fast or slow, weaving between lanes, failure to use turn signals, failure to stop at a stop sign, etc.. After pulling the driver over, the officer will look for signs of physical or behavior traits that indicate impairment and so establish probable cause. Examples include red or bloodshot eyes, slurred speech, dilated pupils, an open container, slurred speech, the smell of alcohol, erratic behavior, etc..
California Implied Consent Law
If the officer observes signs that could indicate handicap, he or she’ll ask you to perform a series of field sobriety tests that function to check 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 request that you 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 in the event that you refuse to dismiss, the officer can still arrest you if they think that you’re impaired. According to California’s implied consent laws, refusal to blow can result in the immediate suspension of your driver’s license. Luckily, 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.
Driving Under the Influence of Drugs in California
California DUI laws make it illegal to drive while”intoxicated” by any material. If the officer witnesses indications of disability resulting from drugs (illegal or legal ), you may still be arrested for DUI/DWI. Law enforcement officials and Medical Marijuana Doctors Orlando FL believe that the legalization of recreational marijuana will lead to a growth in California DUI arrests. The lack of an accurate scientific procedure to accurately measure the quantity of THC affecting someone at a specific time, gives law enforcement officials outstanding discretionary power to arrest based on the suspicion of intoxication.