Laws CA DUI – BAC Under.08 can still lead to arrest DUI
Did you know that according to the law of the University of California, the driver is 21 years of age or older at the level of 0.80% BAC could still threaten the collection DUI? Most drivers know that the control on the basis of BAC 0,08% or more will result in the payment of DUI – this is known as a DUI. On their own dual interface simple. They expect to test the level of alcohol in the driver. If the result of a chemical test will return to 0.08% or higher, is an automatic DUI. However, in accordance with the law on kalidoryi JUI, drivers 21 years and older can also be pre & # 39; manifest accusation JUI with BAC within the legal limit, when their control is broken due to the use of drugs or alcohol.
California Automobile Code 23152 (a)
According to the California Automobile Code 23152 (a), "illegal to operate a vehicle the person is under the influence of an alcoholic beverage". Legally, you are "under the influence" if your "physical or mental abilities deteriorate to such an extent that you no longer have the opportunity to drive with caution characteristic of a sober person, ordinary prudence under the same or similar circumstances." This type of DUI more sub & # 39 objective. For charges of DUI with a BAC below .08, simply requires the officer probable cause or a reasonable suspicion that you are impaired behind the wheel. For example, a police officer may develop probable cause based on the observation of suspicious behavior at the wheel. Suspicious driving behavior include control excessively fast or slow motion, weaving between lanes, failure to use turn signals, failure to stop at a punctuation mark, etc. and thus to establish probable cause. Examples are the red or bloody eyes, slurred speech, dilated pupils, an open container, blurred speech, smell of alcohol, improper behavior, etc.
California law on consent
If the officer sees signs that may indicate a violation, he or she is asked to perform a series of tests on field sobriety that serve to test your mental and motor abilities, to discover whether you have a violation. California legislation that agreement requires all who have a real driver's license, be tested for alcohol and drugs, when an officer suspects that you have committed the JUI. After a few tests sobriety field officer will likely ask you to send breathing apparatus. If you find yourself in a legal framework, but perform poorly on sobriety tests on the ground, the officer can still arrest you for the JUI. Even if you choose not to strike, the officer can still arrest you, if it considers that you are impaired. According to the law of the alleged agreement of California, from the impact failure can lead to an immediate suspension of the driving license. Fortunately, the California Code 23152 (a) there are several kapiterav DUI defense. A qualified and experienced law attorney in California can help you fight the charges of DUI and may reduce the charges or even abandon it.
Driving under the influence of drugs in California
California laws prohibit JUI drive a car in a state of alcoholic Up & # 39; yanennya any substance. If the officer will be witnessed disturbances caused by drugs (legal or illegal), you can still be arrested for DUI / DWI. Law enforcement officials believe that the legalization of recreational marijuana will lead to an increase in arrests in California JUI. The lack of accurate scientific method of accurately measuring the amount of THC, which affects a person at a certain time, gives law enforcement officials the right to emergency dyskretyvnuyu arrest based on suspicion of an alcohol & # 39; yanenne.