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 result in DUI charges- this is known as a per se DUI˳ Per se DUIs are straightforward˳ They rely on testing the driver’s blood-alcohol level˳ If the result of the chemical test comes back at ˳08% or above, it is 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 no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances˳” 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 are driving impaired˳ For example, a police officer can develop probable cause based on observing suspicious driving behavior˳ Suspicious driving behaviors include driving excessively 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 behavior or physical 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 smell of alcohol, erratic behavior, etc˳
California Implied Consent Law
If the officer observes signs that could indicate impairment, he or she will ask you to perform a series of field sobriety tests that serve to test your mental and motor skills in order 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 likely ask you to submit to a breathalyzer˳ If you blow 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 believe 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 possibly 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 substance˳ If the officer witnesses signs of impairment resulting from drugs (legal or illegal), you can still be arrested for DUI/DWI˳ Law enforcement officials believe that the legalization of recreational marijuana will lead to an increase in California DUI arrests˳ The lack of an accurate scientific method to accurately measure the amount of THC affecting a person at a specific time, gives law enforcement officials extraordinary discretionary power to arrest based on the suspicion of intoxication˳
Source by https://ezinearticles˳com/?California-DUI-Arrests-Under-The-Legal-Limit&id=9869677
