| In California, the DUI laws are written under | | | | alcohol as being .08% of the weight of the |
| the California Vehicle Code VC 23152 Alcohol | | | | person. So, you are unfit to drive if you |
| and/or Drugs. The DUI law was codified back | | | | have consumed more alcohol than .08% of your |
| in 1935. The law distinguishes between a | | | | body weight. |
| misdemeanor and felony. According to its | | | | |
| definition, a misdemeanor doesn't imply any | | | | A person is required to undergo a chemical |
| injury to person or property. The section | | | | test if he or she is arrested under DUI. The |
| 23152 is specific in dealing with drunken | | | | results of this chemical test are used as |
| misdemeanors. The penalty for such a crime | | | | evidence in court. Therefore, the court will |
| can be up to 6 months in jail. | | | | consider it as a final proof of your guilt |
| | | | and pass sentence accordingly if you are |
| The law makes driving after drinking or | | | | unable to prove the chemical test results |
| consuming any other substance that influences | | | | incorrect. |
| the senses unlawful. The phrase 'Under the | | | | |
| Influence' is much debated, especially since | | | | There are virtually thousands of DUI cases |
| it can't be clearly defined and symptoms vary | | | | tried every year. There are several attorneys |
| from person to person. The commonly accepted | | | | who are specialists in DUI. Apart from |
| definition of under the influence refers to | | | | chemical tests, several other factors also |
| any person who is not fully conscious, tends | | | | influence your trial, such as your previous |
| to stumble, loses coordination or reacts | | | | record and the charges against you. Also, a |
| slowly. The definition also includes the | | | | good attorney can use technical expertise to |
| partial loss of visual sense. | | | | pick holes in the prosecution's case and help |
| | | | you avoid penalties. |
| The law also quantifies the unlawful limit of | | | | |