- California Vehicle Code Section 23152 states that it is (a) “unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” and (b) “it is unlawful for a person who has 0.08 or more, by weight, of alcohol in his or her blood to drive a vehicle.”
- The code goes on to say that it is a rebuttable presumption that you had 0.08 or more alcohol in your blood at the time you were driving, IF a chemical test of your blood that was taken within 3 hours after you were driving, AND the results of that test show 0.08 or more alcohol in your blood.
- 3. If you were driving a commercial vehicle, that threshold is 0.04 of alcohol in your blood. Vehicle Code 23152 (d)
- If you are on probation for DUI, that threshold goes down to .01 (Vehicle Code 23154)
- If… because you were driving under the influence of a motor vehicle, you injure another person, you could be charged with a felony.
It doesn’t take very many drinks to get to a .08 — and many people can feel totally sober and still have an alcohol content in their blood that is over the legal limit. Your best course of action is simply not to drink and drive at all. If you do get a DUI, you definitely need an attorney. As a criminal defense attorney, I offer a comprehensive, grounded, and experienced approach to defending people who are charged with a DUI.California takes the offense of DUI seriously. Whether you hire myself or another lawyer, you definitely need a criminal defense attorney to help get you through the criminal justice system.
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