Driving Under the InfluenceVEHICLE CODE SECTION 23152(b) - .08% OR HIGHERThis section prohibits driving a "motor vehicle" with a tested blood alcohol level of .08 or higher. This is not as cut and dried as most people would think on first impression. First, the tests used are often inaccurate, and even vary in their readings from person to person. Even the blood tests are often inaccurate, as they do not use the same testing procedures as blood tests performed by medical professionals. Second, the tests cannot determine a person‘s blood alcohol level at the time of driving, which is the important point in time. Police departments frequently change the devices that they use to test blood alcohol levels, claiming that the "new" devices are more accurate. They have all been fatally flawed over the years, and will likely continue to be inaccurate in the future, particularly breath devices. Police departments succumb to the desire to have devices that are quick and easy to use, overlooking the inherent problems with those devices for the sake of convenience. For many years, and until recently, the state allowed urine testing to determine blood alcohol levels, as illogical as that may seem. Common sense tells even those with no scientific training that the levels of a substance in the urine tells little about a person‘s blood alcohol level at any given time. The state only grudgingly abandoned that practice, and still offers it as a backup test! Do you need the services of an exceptional dui attorney in Southern California including Los Angeles and Orange County? The dui lawyer in our Orange County office has extensive experience in criminal law as both a high profile prosecutor and public defender. Attorney Mike Brewer can help. Contact us for more information. |
The Brewer Law Firm
888-533-5798
Newport Beach:
5030 Campus Drive
Newport Beach, CA 92660
Long Beach:
444 West Ocean Boulevard
Long Beach, CA 90802
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- DRIVING UNDER THE INFLUENCE (DUI) / DRUNK DRIVING / 502‘S
- VEHICLE CODE SECTION 23152(a) - IMPAIRMENT
- VEHICLE CODE SECTION 23152(b) - .08% OR HIGHER
- DRIVING
- A MOTOR VEHICLE
- BLOOD ALCOHOL LEVEL AT THE TIME OF DRIVING
- RISING BLOOD ALCOHOL LEVEL
- SUBSEQUENT DRINKING
- BREATH TESTING
- BLOOD TESTING
- DMV HEARINGS ON DUI CASES
- DUI DRIVING SUSPENSIONS
- DRIVERS FROM OTHER STATES AND COUNTRIES
- BASIC DUI PENALTIES
- UNDER 21/ JUVENILE DUI - VEHICLE CODE SECTION 23140
- COMMERCIAL LICENSE DUI
- BOATING UNDER THE INFLUENCE (BUI)
- DUI WITH INJURY
- VEHICULAR MANSLAUGHTER
- SECOND-DEGREE MURDER DUI (WATSON MURDER)
- DRIVING ON A SUSPENDED LICENSE (OR DRIVING PRIVILEGE)
- VC 14601(a) - NEGLIGENT OPERATOR
- VC 14601.1(a) - SUSPENSION DUE TO TRAFFIC VIOLATIONS, UNPAID TICKETS, ETC.
- VC 14601.2(a) - SUSPENSION DUE TO DUI CONVICTION
- VC 14601.5(a) - SUSPENSION DUE TO DUI ARREST
- DRIVING WITHOUT A LICENSE - VC 12500(a)