In order to charge an individual with DUI, their actions must fall under
the illegal activity outlined in the California Vehicle Code. A majority
of DUI cases are charged under two key elements:
§23152(a) and §23152(b).
The first section states that it is unlawful for any individual to drive
a vehicle if they are under the influence of alcohol, drugs, or a combination
of both. The second section makes it illegal for any individual with a
BAC of .08 or more, as determined by the weight of alcohol in their blood,
to operate a vehicle. The differences between these two sections are extremely
significant and create a large blanket for California drivers to be charged
and prosecuted under.
How do these sections affect actual cases?
As an example, if a driver gets behind the wheel with a BAC below .08 and
gets pulled over for a traffic violation, an officer could still charge
them with DUI. How? If the police officer determines that they are under
the influence of alcohol, even with a BAC under the legal limit, they
can charge them under §23152(a). The lack of specification gives
law enforcement enough flexibility to arrest individuals if they refuse
to take a chemical test or if they appear too impaired to drive.
In most cases, drivers are arrested and charged under both sections, which
gives the charges more convincing power in court. If an individual is
charged under just one section, it may leave some more room for challenging
the accusations, though it will depend on the specifics of the case.
Have you been arrested for
DUI under the California Vehicle Code? Don’t wait to retain defense!
Call on the Law Offices of Virginia Landry, Inc. today.