DUI Prosecution – California vehicle code 23152(a)

California is one of the most aggressive states in America when it comes to prosecuting DUI offenders. You have virtually no chance of winning your case or getting the best result possible if you don’t speak to an experienced Riverside DUI attorney first.

To prove that the defendant was driving under the influence of a drug or alcohol, the prosecution must prove that:

1. The defendant drove a vehicle; and
2. When the defendant drove, the defendant was under the influence of an alcoholic beverage and/or a drug or under the combined influence of an alcoholic beverage and a drug.

A person is “under the influence” if, as a result of drinking an alcoholic beverage, and/or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

The manner in which a person drives by itself is not enough to establish whether the person is or is not under the influence of an alcoholic beverage or a drug. However, it is a factor to be considered, in light of all the surrounding circumstances, in deciding whether the person was under the influence.

A “drug” is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would significantly impair his or her ability to drive as an ordinarily cautious person.

Driving With a Blood Alcohol Level of 0.08 or greater California Vehicle Code Section 23152(b)

To prove that the defendant is guilty of DUI with a BAC of 0.08% or higher, the prosecution must prove that:

1. The defendant drove a vehicle; AND
2. When (he/she) drove, the defendant’s blood alcohol level was 0.08 percent or more by weight.

California Vehicle Code Section 23152(b) states that it is a rebuttable presumption that the person had 0.08 percent blood alcohol level, if a chemical test was performed within three hours after driving, which resulted in a 0.08 blood alcohol level or more. There are several defenses to a DUI that a DUI attorney in Riverside can make to help you get your DUI charge reduced or dismissed if you call today. 1-888-749-0034.