DUI

DUIs — VC 23152 (a) and (b)

• 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
• 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood. In most cases, someone cited for a DUI will be charged with both offenses. This is because the law is written such that a defendant charged with a DUI can be cited for both offenses, but can only be convicted of one—the punishment for both sections is the same.

Felony DUIs — VC 23153

These are DUIs that result in an injury. If there is a death, Penal Codes §§ 191.5 and 192 apply, and there will be a charge of “Vehicular Manslaughter.” In both cases you should be conscious of certain rights (most of which are, unfortunately, ignored by arresting officers):

• As always, a Police Officer must have “Probable Cause” to stop and detain you—the Constitution always applies.
• The Police Officer should advise you that submission to a Field Sobriety Test and Breathalyzer is not required by law.
• You must be read your “Miranda Rights” before any questioning after you have been arrested.
• You must be given the choice of Blood or Breath testing and be advised of the implications of refusing—the “Implied Consent” advisement.
• If you submit to a Breath Test, you must be given a chance to obtain a Blood Sample for later independent testing by your attorney, since samples of breath cannot be saved. Please click here for more answers to your Traffic Ticket and DUI questions, or feel free to contact us toll-free at 877-469-3844, through our short Online Form, or via email at info@trafficticketandduipartners.com