Driving while under the influence of drugs and/ or alcohol is a crime in California. A DUI conviction when you’re under 21 years old is treated differently by the State. If you are convicted, the State will penalize you in a variety of harsh ways. Prosecutors will generally focus on the following elements to decide which charges to file and which penalties to give you based on:
Driving is a privilege in California. However, every driver has constitutional rights while operating a vehicle in the state. These rights don’t fly out the window once you’re stopped at a DUI sobriety checkpoint. To take advantage of your constitutional rights, it’s important to know and understand them.
In California, drunk driving laws are defined in Vehicle Code 23152. It’s called Driving under the Influence of Alcohol and/ or Drugs. We don’t advocate drinking and driving. However, understanding this law will help prepare you for any time you’re suspected of or arrested for DUI.
You were driving in Los Angeles County when you were involved in a car accident. A pedestrian or another driver was injured. You failed breath and/ or field sobriety tests. You were arrested and charged under California Vehicle Code 23153. Now you feel like there’s no way you can avoid a DUI conviction in California.
The term “military DUI” refers to a uniformed member of the armed forces being arrested for driving under the influence. When a military member is charged with DUI on a military base, the service member isn’t charged by state penal code. Instead, he’s charged under the Uniform Code of Military Justice. Now, if the person arrested on a military base isn’t a service member, he is charged with DUI under California law.
Majority of driving under the influence, DUI, cases aren’t slam dunks for the prosecution. In fact, they hinge on the outcome of a blood or breath test. If a test was given and the result was .08 percent or higher, the driver is likely to be charged with DUI. That amount is above the legal limit in California.
Did you know the Breathalyzers used in California do not provide an accurate measurement of a woman’s blood alcohol concentration, or BAC? Imagine you are a woman who takes a Breathalyzer test after being accused of DUI. Your actual BAC is 0.07 percent. This is below California’s 0.08 statutory amount. Obviously the state would not have strong evidence against you, right? Wrong. The Breathalyzer result may not read 0.07 percent, but 0.10 percent.
This question comes up a lot after someone has been arrested for driving under the influence, or DUI. If you are facing DUI charges, it is easy to feel like you are going to be convicted. Maybe you failed field sobriety tests. Maybe you failed a breath test. Whatever the reason that caused you to be accused of DUI, it does not mean all hope is lost. You have legal options to fight a DUI charge.
The flyers essentially apply general principals of U.S. Constitutional protections. The general idea behind the flyer is to display it through a car window and not to establish eye contact with the police, asserting Constitutional rights in an effort to limit the time and interaction with the police at the DUI checkpoint. Police may try to argue that they had reasonable suspicion in some way, to move forward with routine questioning.
Police in California are tough on driving under the influence, or DUI, enforcement during major holidays like Christmas and New Year's Eve. They are vigilant during school breaks too. In fact, spring break is no exception. Since you are not interested in ruining your vacation with a DUI arrest, here are some tips to avoid incurring a DUI charge: