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Law Offices of Jonthan Franklin - Blog
Probably a police officer standing on the driver’s side of a parked car, truck, or SUV. According to California law, the image of a driver stopped for DUI should include a bike. Yes, the state subjects bicycles to the same traffic laws and restrictions as a passenger vehicle.
A Driver Can be Charged with DUI While Riding a Bike According to California Vehicle Code 21200.5
Here is a scary fact for a woman. DUI Breathalyzers in California may not always give accurate measurements of a female’s blood alcohol concentration, or BAC. A female may have a BAC of 0.07 percent, which is below the legal limit of 0.08 percent. She may still test 0.10 percent higher on a California Breathalyzer test.
Police are everywhere in Los Angeles County. All of the officers are looking to arrest anyone driving under the influence of alcohol and/ or drugs. In fact, some jurisdictions in California have an entire task force devoted to catching drunk drivers. That’s why it’s important to know how to conduct yourself during a traffic stop or at a DUI checkpoint.
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.
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