DRIVING UNDER THE INFLUENCE LAW

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.

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!

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Bakersfield, CA 93301-5220
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