Driving Under the Influence

 California law has two standards for determining if a person is driving under the influence of alcohol or drugs. One identifies a specific threshold of blood alcohol content above which a driver's ability to safely operate a motor vehicle is considered impaired. The other standard, however, is a general statement declaring it illegal to operate a motor vehicle while "under the influence of any alcoholic beverage or drug." It's important for drivers to understand the difference between these two provisions of the law, as well as how they work together.

Vehicle Code 23152(b) states that it is illegal to drive with a blood alcohol content of 0.08% or higher, which is determined by a breath or blood test or combination of the two. [VC 23153(b) also specifies a 0.08% threshold but pertains to DUI with injury.]

But if you've been cited for DUI stemming from consumption of alcohol, in addition to a violation of 23152(b) [or 23153(b) if there were injuries] you've probably also been charged with a violation of 23152(a) [or 23153(a) for DUI with injury]. These are the codes that state that it is illegal to drive while under the influence.https://askcompetentlawyer.com/civil-litigation/ Violations can be based not only on breath or blood tests but also on the officer's observations of your behavior while driving, as well as your performance on field sobriety tests (FSTs). Thus these charges involve judgement calls by officers in the field.

Note that because there are no blood level standards that define impairment for use of drugs - including marijuana, cocaine, methamphetamine, or the wide variety of prescription medications - someone charged with driving under the influence of drugs will fall under 23152(a) or 23153(a).

Since your attorney must build a defense that deals with both parts of the law, it's important to have a defense lawyer who has extensive experience dealing with DUi cases. If you have questions about your DUI arrest, call Nancy King at (916) 442-1200.