There are many different types of DUI in California, but the most common are CVC 23152(a) and 23152(b).
Under California Vehicle Code 23152(a), “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug, to drive a vehicle.”
Under California law, “driving under the influence” means that the drugs or alcohol has affected your ability to drive a reasonably cautious person. The prosecution will attempt to prove this by showing results of field sobriety tests, chemical tests to measure BAC, and objective symptoms observed by the officer
Under California Vehicle Code 23152(b), “it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
The measurement of the amount of alcohol in the blood has come to be known as blood alcohol concentration, aka, BAC. Law enforcement has many ways to measure BAC while investigating these cases. Typically the measurement of BAC requires a trained police officer and machines that are serviced by trained forensic experts. Effectively this evidence may be the difference in a DUI defense.
There are legal ways to avoid many, if not all, of these consequences. A DUI is a misdemeanor case. This means that you have the constitutional right to a jury trial, to confront the witnesses accusing you, and to see the government’s evidence. There are defenses that can result in anything from a complete dismissal or acquittal of the charge to reduction in the charges or the penalties of the offense.
If you are charged with a Traffic Misdemeanor or DUI, hire California’s best traffic law firm. We can help you get a great result on your case. To learn more about our procedures and how we can represent you, call the California Ticket King at 619-708-2073 or fill out a form on our website.
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