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.