In California, the DUI laws are written under the California Vehicle Code VC 23152 Alcohol and/or Drugs. The DUI law was codified back in 1935. The law distinguishes between a misdemeanor and felony. According to its definition, a misdemeanor doesn’t imply any injury to person or property. The section 23152 is specific in dealing with drunken misdemeanors. The penalty for such a crime can be up to 6 months in jail.
The law makes driving after drinking or consuming any other substance that influences the senses unlawful. The phrase ‘Under the Influence’ is much debated, especially since it can’t be clearly defined and symptoms vary from person to person. The commonly accepted definition of under the influence refers to any person who is not fully conscious, tends to stumble, loses coordination or reacts slowly. The definition also includes the partial loss of visual sense.
The law also quantifies the unlawful limit of alcohol as being .08% of the weight of the person. So, you are unfit to drive if you have consumed more alcohol than .08% of your body weight.
A person is required to undergo a chemical test if he or she is arrested under DUI. The results of this chemical test are used as evidence in court. Therefore, the court will consider it as a final proof of your guilt and pass sentence accordingly if you are unable to prove the chemical test results incorrect.
There are virtually thousands of DUI cases tried every year. There are several attorneys who are specialists in DUI. Apart from chemical tests, several other factors also influence your trial, such as your previous record and the charges against you. Also, a good attorney can use technical expertise to pick holes in the prosecution’s case and help you avoid penalties.