DRIVING UNDER THE INFLUENCE LAW

California Criminal Lawyers
Criminal Attorneys in California

DUI law can be found in California Vehicle Code sections 23152 and 23153.

In order to convict a person of DUI, the prosecution must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 percent or more, by weight, of alcohol in the blood.

A DUI case may be charged as a misdemeanor or as a felony. It may be charged as a felony where someone is injured (usually when an accident is involved), or where the accused has three or more prior DUI convictions (or convictions that count as a prior DUI, such as a "wet reckless"). These convictions must have happened within seven years of the new charge to count against the accused as a prior conviction.

Printer Friendly Version

When you are pulled over and the police officer suspects you of a DUI, there are certain things that the law requires you to do, and certain things that are voluntary. The only thing that the law requires you to do is submit to a chemical testing of your blood or breath at the station. Everything else, such as answering their questions, performing field sobriety tests, or blowing into the Preliminary Alcohol Screening test (PAS test), is voluntary!

Return To Criminal Law

The information contained in the Chain-Younger Web Site is general in nature and is not intended as a substitute for legal advice. In addition, an Attorney-Client relationship is not created by viewing this information. Changes in the law or the specific facts of your case may result in legal interpretations that are different from those presented. To protect your legal rights following severe injury or wrongful death resulting from an accident, it is wise to immediately consult Chain-Younger.

DISCLAIMER
The California Criminal, Criminal accident, wrongful death, product liability, negligence or other Bakersfield, California Criminal legal information provided on this internet site does not convey any formal legal advice nor does it imply the formation of a lawyer or attorney client relationship. References to successful Criminal cases in Bakersfield, CA are dependent on the facts of that case. Results differ from case to case. Please contact a CA Criminal lawyer or California attorney at our law firm offices located in Bakersfield, California in Kern County. This web site is not intended to solicit clients for matters outside of the State of California.