CA DUI Laws- BAC Under.08 Can Still Lead to a DUI Arrest
Did you know that according to California DUI law, a driver 21 years of age or older with a BAC under .08% may still face DUI charges? Most drivers understand that driving with a BAC of .08percent or more will lead to DUI charges- that is known as a per se DUI. Per se DUIs are straightforward. They rely on testing the driver’s blood-alcohol level. If the effect of the chemical test comes back at .08% or above, it’s an automatic DUI. However, under California DUI law, a driver 21 or older may also be charged with a DUI with a BAC within the legal limit if their driving is impaired due to using drugs or alcohol.
California Vehicle Code 23152(a)
In accordance with California Vehicle Code 23152(a),”it is unlawful for a person who is under the influence of any alcoholic beverage to drive a motor vehicle.” Legally, you’re”under the influence” if your”physical or mental abilities are impaired to such a degree that you do not have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar conditions.” This sort of DUI is a lot more subjective. To be charged with a DUI with a BAC below.08, simply requires the officer to have probable cause or a reasonable suspicion that you’re driving impaired. For example, a police officer could develop probable cause based on observing questionable driving behaviour. Suspicious driving behaviors include driving excessively fast or slow, weaving between lanes, failure to use turn signals, failure to stop at a stop sign, etc.. After pulling over the motorist, the officer will look for signs of behavior or physical traits which indicate impairment and thus establish probable cause. Examples include red or bloodshot eyes, slurred speech, dilated pupils, an open container, slurred speech, the smell of alcohol, erratic behaviour, etc..
California Implied Consent Law
If the officer finds out signs that could indicate handicap, he or she will ask you to perform a series of field sobriety tests that function to check your mental and motor abilities in order to identify whether you’re impaired. After conducting several field sobriety tests, the officer will probably ask you to submit to a breathalyzer. If you blow within the legal limit but performed poorly on the field sobriety tests, the officer could still arrest you for DUI. Even in the event that you refuse to blow, the officer can still arrest you if they think that you are impaired. According to California’s implied consent laws, refusal to dismiss can result in the immediate suspension of your driver’s license. Luckily, there are several California DUI Defenses to Vehicle Code 23152(a). A skilled and experienced California DUI attorney can help you fight your DUI charge and possibly get the charges reduced or even dismissed.
Driving Under the Influence of Drugs in California
California DUI laws make it illegal to drive while”drunk” by any material. If the officer witnesses signs of impairment resulting from drugs (illegal or legal ), you may still be detained for DUI/DWI. Law enforcement officials believe that the legalization of Medical Marijuana Doctors Orlando will lead to a growth in California DUI arrests. The lack of an accurate scientific procedure to accurately gauge the quantity of THC affecting a person at a specific time, gives law enforcement officials extraordinary discretionary power to detain based on the feeling of intoxication.