California DUI laws are among the nation's strictest. They punish not only offenders for operating a motor vehicle while under the influence of alcohol, but other drugs or a combination of alcohol and other drugs as well.

The law defining Driving Under Influence (DUI) may be found in section 23152 of California Vehicle code. It states
Section 23152(a)
Section 23152(a) is used when DUI involves drugs, when there was no BAC testing performed or when BAC is below .08, but the government wants to prosecute the person anyway. Drivers whose BAC does not exceed the presumptive BAC limits can still be convicted of DUI if other evidence shows their abilities were impaired.
   
Section 23152(b)
Section 23152(b) is called the “per se” law as it clearly indicates that driving with a blood alcohol level above 0.08* violates the law. Drivers who exceed the BAC (Blood Alcohol Content) limit are presumed to have been under the influence of alcohol when driving, meaning that their faculties for driving were impaired. This quite frankly, may not be the case as some people build a tolerance for alcohol. They may consume fairly large amounts and still function fairly competently.
Whenever there is BAC available and even if there is only one act, the law says that a defendant charged with DUI can be convicted of BOTH offenses stated within the statute. However, the defendant may only be punished for one. Punishment is identical under both sections.
In the following pages, I will explain why a drunk driving charge can be challenged and how myself and other competent DUI Lawyers go about successfully fighting the charges. Don’t wait! Please call DUI Terminator, Kenton Koszdin at 800-Kick DUI.