California DUI Laws
The flashing lights. The intimidating police officer. The DUI accusation. Being accused of driving under the influence of alcohol or drugs in Riveside County can be a scary and confusing process. However, a basic understanding of California DUI laws can help you if you are accused of a DUI.
Like many other states, California has harsh DUI laws and penalties designed to deter drivers from taking to the roads while under the influence. The most basic California DUI law is Vehicle Code Section 23152, which states that a) it is a misdemeanor to drive under the influence of either alcohol or drugs, and that b) it is a misdemeanor to drive with 0.08% or more of alcohol in your blood.
In order to pull you over for suspected DUI in Riverside County, a police officer or law enforcement official must have “probable cause” that you are intoxicated. If the officer does not have probable cause, any and all evidence obtained during the stop can be dismissed. In addition, an officer must inform you of your legal rights surrounding blood alcohol content (BAC) testing – that you have the option for a breath or blood test, and that you have the legal right not to take the test. However, know that in California, the so-called “implied consent law” will impose a lengthy loss of license for individuals who refuse a blood or breath alcohol test.
Other applicable California DUI laws include the “zero-tolerance law,” which states that any person under the age of 21 who is found to have 0.01% of alcohol or more in their bloodstream is guilty of a DU. In addition, a combination of DUI with another unlawful act such as theft or violation of some statute falls under the umbrella of felony DUI, which bumps the crime out of misdemeanor territory and into felony punishments and procedures.
Though a basic knowledge of California DUI laws can help you feel more secure as you take to the road, it can’t defend your rights in court. Rely on an expert when it comes to your Riverside County DUI defense. Call the Law Offices of Steven R. Brodsky for more information and a free case consultation today.