Legal Question in DUI Law in California

In California, driving under the influence is covered by California Vehicle Code, section 23152(a). it provides that 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. The b count is what usually gets everyone into trouble.

However, under the a count, basically they only have to prove that you were under the influence of a controlled substance. It can be a controlled substance that you have a doctor's prescription for or it can be a controlled substance that do not have a prescription for. Your ability to drive can and is often left to the officer's discretion.

Generally after a .04 level of alcohol an officer can testify that someone was acting as though they were not safe to drive and that person can be found guilty of violating 23152(a).

If you have specific questions please feel free to contact us through our website at www.brianmcginitylaw.com

Good luck,

Brian McGinity

www.brianmcginitylaw.com

The standard of proof is "Beyond a reasonable doubt.". But the real question is what evidence does the prosecution have against you and what defenses do you have and what problems might they have with their case. So you should speak with your attorney about all those issues and other relevant issues. If you don't have an attorney, you should speak to a qualified attorney in or near your area. I wish you well........................ David Wallin

Nothing more than the officer's observation and testimony that you and your driving were 'impaired', and you failed his Field Sobriety Test, sufficient to convince a jury. Accurate BA testing would help them, but is not necessary.