DUI Laws

How Is A DUI Defined Under California State Law?

In California, DUI stands for driving under the influence. Driving under the influence applies to both alcohol and drugs. Typically, when someone is arrested for a DUI that only involves alcohol, the driver is charged with two separate vehicle code violations. The first vehicle code violation is section 23152(a). Section 23152(a) means that the authorities need to be able to prove that the person was driving the car while under the influence. In other words, it basically means that the person was impaired at the time that they were driving, and that has been defined in many different ways. Also, there’s a jury instruction that states that the driver was not driving with the care and caution of a sober person.

The other vehicle code section that you get charged with when arrested for a DUI involving alcohol is vehicle code violation section 23152(b). Section 23152(b) is the “per se” law that states that a person with a blood alcohol concentration (BAC) level of .08% or higher at the time of driving has committed a crime.

There are other offenses that you could be charged with and arrested for. For instance, you could be charged and arrested for the combined influence of alcohol or drugs, or just drugs. The drugs can be illegal drugs, prescription drugs, or any kind of drugs that cause impairment.

What Happens after Someone Is Pulled Over On Suspicion Of DUI?

When someone gets pulled over for weaving, speeding, erratic driving, having their lights on, cutting someone off, or another reason, it’s supposed to be for a violation of the vehicle code. Once an officer pulls someone over, they need to do an investigation before they arrest the driver. The officer will typically approach the driver’s side window, or the passenger’s side window, and try to get a sniff of the air in your car. They want to see if they can smell the odor of an alcoholic beverage. Sometimes, they get that from other passengers who may be in the car. But, once they smell that odor, or if you tell them that you’ve had something to drink, they will ask you to step out of the car and conduct a field sobriety test. A field sobriety test is not mandatory. You can decline it if you do so politely and respectfully.
Do not give them any additional evidence that you have been drinking or doing drugs. You don’t need to give them that information, but be polite about it. If you agree to do the field sobriety tests, there are three standardized tests. The test includes the horizontal gaze Nystagmus test where they run a finger, pen, or flashlight side-to-side in front of your eyes. It’s supposed to be a 90 second test. However, they usually don’t take that long. They will also have you do the walk and turn test, also known as the heel to toe, which is nine steps out, a turn, and nine steps back while keeping your hands at your side and counting your steps out loud. The third test is called the one leg stand. The one leg stand requires you to hold one leg six inches off the ground with your foot parallel to the ground. Your hands have to be at your side, and while looking at your foot, you’re counting out loud until you’re told to stop. They time this for 30 seconds. They’re looking to see if you put your foot down, hop, sway, or miscount.

They’re looking for anything that shows that you are not properly performing the test. They don’t tell you the scoring system for any of these tests, but the results are put into a police report, which they will use later. In most cases, when they’ve gotten you out of the car, regardless of whether you agree to the tests or not, they will ask you to do another voluntary test called the preliminary alcohol screening test. They will ask you to blow twice into a handheld device to see if you have a BAC of 08% or higher.

If your BAC is at least .08%, or even slightly under, especially if there’s been an accident with injury, they will cuff you, put you in the car, and place you under arrest for DUI. Once they’ve arrested you for DUI, they will ask you to choose between a breath test or a blood test. A breath test can be done at the scene, at the jail, or police station. A blood test in California is usually done at the jail or police station. They’ll have a phlebotomist come in, or have it done by a phlebotomist or nurse at a hospital. Once you’ve chosen that task, it will be conducted. Sometimes people refuse tests. But the problem with refusing a chemical test is that you’re likely to lose your license for one full year with no restriction or interlock. You won’t be able to drive for one full year.

Refusing a test in California may be advisable if you don’t need that license for the next year. However, refusal is probably not the best option in most cases it results in losing your license for a year.

More Information

• How To Retain Driving Privileges After A DUI Arrest In Marin County
• DUI Arrests In Marin County: License Options And Legal Steps
• Negotiating A Plea Deal In Marin County DUI Case
• Pretrial Resolutions In A Marin County DUI Case
• Hiring A Marin County DUI Defense Attorney
• Getting A DUI Dismissed In Marin County, California
• Beating DUI Charges In Marin County, California
• Understanding Potential Plea Deals In A DUI Case In Marin County
• Reducing Charges, Avoiding Penalties, & Understanding The Plea Deal Process
• What You Need To Know About Wet Reckless Charges In Marin County, CA
• Frequently Asked Questions About DUI Plea Deals In Marin County, California
• Pros And Cons Of Accepting A Plea Deal In Marin County
• How To Reduce Your DUI Charges In Marin County, CA
• Ignition Interlock Device Requirement After DUI
• Dead And Buried: The End Of The DUI Diversion Program In Marin County, California
• What You Need To Know About Blood Tests In Drugged Driving Cases
• The Role Of Drug Recognition Experts In Drugged Driving Investigations
• Understanding DUI Charges In California
• Requesting A DMV Hearing In Marin County: What You Need To Know
• Navigating Your Driver’s License Consequences For DUI In Marin County
• Restricted Driver’s License Due To DUI In Marin County
• Have There Been Any Recent Developments In The DUI Diversion Program In Marin County?
• Will A Second DUI Conviction In Marin County Result In The Revocation Of A Commercial Driver’s License (CDL)?
• What Do I Need To Know If I Drive A Motorcycle And I’m Convicted Of DUI In Marin County?
• What Happens if I Am on Probation in San Francisco for DUI and I Am Charged With Another Crime or Violate My Probation Terms?
• For Anyone in the DUI Diversion Program in Marin County, California Who Ends Up Arrested and Charged With Another Offense, What Happens to Their Status in the Program?
• What To Expect If Pulled Over For A DUI In Marin County
• What To Expect When Going To Court For A DUI Case In Marin County
• Evidence Used By Prosecution To Convict On A DUI In Marin County
• Being Involved In An Accident And Also Being Arrested For A DUI At The Same Time In Marin County
• Alternative Options Available Instead Of A DUI Conviction In Marin County
• What Are The Updates To The DUI Diversion Program In Marin County?
• What Additional Charges Could I Face If I Was In An Accident While Drunk?
• How Long Will I Lose My Driver’s License If I Am Involved In An Accident With Serious Bodily Injury?
• Is It Possible To Get A Reduced Charge For A DUI That Caused Injury In Marin County?
• Why Should I Hire A Marin County DUI Lawyer Who Exclusively Practices DUI?
• I Was Arrested For A DUI In Marin County And The Officers Took My Driver’s License And Gave Me A Pink Form Instead; What Does This Mean?
• If I Successfully Complete Diversion, Will There Be A Conviction On My Record?
• Are There Any Recent Updates To The DUI Diversion Program In Marin County?
• Can California Veterans Get A Military Diversion For A DUI?
• What Is The DUI Pre-Trial Diversion Program For Veterans In Marin County?
• I Was Arrested In Marin County After A Car Accident. I Had A Drink But Was Not Drunk; Will I Be Assumed Guilty Of DUI Because Of The Accident?
• Can I Get A Wet Reckless Or A Reduced Charge After My DUI Arrest In Marin County?
• How Do I Find An Experienced Marin County DUI Defense Lawyer?
• Can A DUI Charge In Marin County Be Reduced To A Wet Reckless Charge?
• Marin County Is Known For It’s Conservative District Attorney’s Office
• How Common Are DUI Checkpoints In Marin County?
• What Are The Sentencing Guidelines For A DUI Conviction In Marin County?
• Will It Hurt My DUI Case If I Can’t Remember The Details Of My Arrest?
• What Is The Accuracy Of Alcohol Screening Machines And Preliminary Breath Test Devices?
• How Common Are DUI Arrests In Marin County?
• Are There False Arrests On DUI Charges In Marin County?
• Do All Alcoholic Drinks Have The Same Potency?
• What Are The Consequences For A Minor Who Is Under 17 Years Of Age And Is Convicted Of DUI In California?
• How Often Do DUI Cases In marin County Go To Trial?
• How Would You Describe The Timeline Of A DUI Trial?
• What Happens To My Driver’s License When I Am Charged With DUI?
• What Criteria Do You Consider In Taking A DUI Case To Trial?
• Wet Reckless In Marin County
• New Approach On DUI Charges And Prescription Medications
• What Happens If A Friend Or Family Member Gets Arrested On A DUI Charge In Marin County?
• In Preparing A Defense For My DUI Case, What Is Important Information? What Are Details To Share With My Attorney Every Time We Speak Especially In The Beginning Of My Case?
• How Can A DUI Charge And Conviction Impact Someone’s Profession In Marin County?
• Can A DUI Conviction Be Expunged From My Record? Will It Help My Professional License In California?
• What Is The Interstate Driving License Compact? How Does It Relate To DUI Charges In California?
• Will A DUI In California Affect My Home State Driving Privileges?
• What Do I Do With A DUI Charge In Northern California When I Live In Southern California?
• Do I Have To Serve Probation And Community Service In California If It Is Part Of My Sentence?

For more information on DUI cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.