Driving Under the Influence - DUI
Driving while under the influence of alcohol makes it unlawful for one to operate a motor vehicle while the person's ability to operate the vehicle is impaired; or the driver is driving with a blood alcohol level of .08% or greater. Typically an officer will stop a driver for committing a vehicle code violation or other Infraction and then investigate the driver for drunk driving.
After an initial contact by the officer, the officer may have the individual step out of the vehicle and perform field sobriety and/or roadside tests. These balancing tests include the line walk, finger dexterity test, modified position of attention, as well as reciting the alphabet. These tests help the officer determine the physical or cognitive abilities of the arrestee. If the officer believes that there is probable cause to arrest the individual for driving under the influence, then the arrestee is taken down to the police station to take a chemical test. Chemical testing pursuant to Title 17 of the California Code of Regulations include breath samples and/or a blood draws. Urine tests are also available but no longer used within the State of California.
A DUI sentence can result in severe consequences including jail, fines and probation as well as lengthy alcohol programs. California Vehicle Codes 23152(a), 23152(b), 23153(a), and 23153(b).
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