Most often, people who are cited for a DUI are charged with two misdemeanor violations of VC §23152(a) and VC §23152(b). Many people say how can I be cited twice for one DUI? The answer to that is that people can be charged separately or together with Vehicle Code Section 23152(a) and/or 23152(b).
1. The Vehicle Code Section 23152(a) charge makes it 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.
2. The Vehicle Code Section 23152(b) charge makes it unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
Also note that the statutes regarding driving under the influence of alcohol or drugs, or a combination of alcohol and drugs, apply to any person who rides a bicycle upon a highway.
Definitions and Evidence
“Under the influence” means that the beverage or drug has so far affected the nervous system, brain or muscles as to impair to an appreciable degree the ability of a person to operate a vehicle. “Drive” requires evidence of volitional movement of a vehicle. A prosecutor must prove that a person was under the influence when a driving action took place.
While most evidence relates to the level measured of a person’s blood alcohol content (which can be tested and the level acquired by either a breath test or a blood test), other evidence bearing upon the question of whether the person ingested any alcoholic beverage or drug or was under the influence at the time of the offense may be introduced by a prosecutor. The intoxicated condition of a driver of a motor vehicle may be proved by evidence of various facts. The drinking of any alcoholic beverage in a vehicle on a highway is prohibited, as is the possession by a person in a motor vehicle of any receptacle containing an alcoholic beverage which receptacle has been opened or a seal broken, or the contents partially removed.
It is not a defense that the person charged with the offense of driving under the influence of any drug or the combined influence of alcoholic beverages and any drug is or has been entitled to use the drug under the laws of the state. For example, it is still a DUI when a person is driving while under the influence of a lawfully acquired prescription drug that has affected the nervous system, brain or muscles as to impair to an appreciable degree the ability of a person to operate a vehicle.
Why You Need A Los Angeles County DUI Lawyer
There can be many options for a person facing a DUI charge. Most often, people just give up and take what the court or the district attorney offers them. You must fight for your rights! Consult with our office today for a contact us to determine what can be done on your case. The Law Offices of Michael S. Carrillo will fight to keep your driving record clean and avoid long-term consequences of a DUI conviction. Call the office for a contact us today at (626) 799-9379.