California Drunk Driving Prosecution Overview
Under California law, a person can be convicted of DUI (Driving Under the Influence) under two state statutes:
“Section 23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
Section (a) suggests that if a person is driving a vehicle in an unsafe or erratic manner or in a way that that suggests that the driver may not be sober, and that driver is under the influence of alcohol or drugs, that person is considered to be driving impaired and can subsequently be arrested and the criminal court process will likely begin.
Section (b) clearly states that if, after a suspect is arrested for DUI and their blood is tested, .08% or more, by weight, of alcohol is in their blood, they may be convicted of DUI. It is important to note that a person can be found guilty of DUI without driving badly or appearing to be under the influence while driving. If the court is seeking a conviction under this section (b), the prosecutor must prove beyond all reasonable doubt that the blood / breath alcohol level was above the legal limit at the time of driving.w
If you are convicted of DUI under both of the offenses you will only be punished one time.
These offenses (as described in sections (a) and (b)) are two separate ways to obtain a DUI conviction, but can be used together in a case against a suspect. If a prosecutor can easily prove guilt under one section, he/she can use that information to try to prove guilt under the other. An experienced DUI attorney should understand how to best address this circumstance and know how to make the lack of proof of one cause doubt as to the proof of the other. The DUI attorneys of The Law Offices of Johnson and Johnson have the experience necessary to best understand and counteract these types of moves when they are made by prosecutors.
At the Law Office of Johnson & Johnson, we will not guarantee you success; However, we will guarantee that we will take all steps to insure that your legal interest are advocated to an extent that exceeds what would be expected of a professional, experienced advocate. In doing this we can accomplish success. Call us today for a free consultation at (925) 952-8900.