California DUI Laws

What Is A DUI?

In California, DUI stands for Driving Under the Influence. Driving under the influence applies to both the influence of alcohol and drugs. It is a crime to do so, and you can be arrested if the police believe you are doing so when they pull you over. Some DUI arrests will also occur after accidents if the police determine alcohol or drugs may have been involved.

That is all most people need to know about DUIs, but if you are ever arrested for it in California, or if a spouse or family member is, it is important to understand the exact nature of the charges you will be facing.

How Are DUIs Charged Under California Law?

If you are arrested for a DUI that only involves alcohol, you will typically be charged with two separate vehicle code violations.

The first vehicle code violation is section 23152(a). A conviction under Section 23152(a) means that the authorities need to be able to prove that you were driving the car while under the influence. In other words, it means that you were impaired at the time that you were driving, which, unfortunately, can be defined in many different ways. There will additionally be a jury instruction that states that you were not driving with the care and caution of a sober person.
The second vehicle code section that you will probably get charged with when arrested for a DUI involving alcohol is section 23152(b). Section 23152(b) is the “per se” law that states that a person with a blood alcohol concentration (BAC) level of .08% or higher at the time of driving has committed a crime.

These are not the only offenses you can be charged with after a DUI stop, however. There are plenty of others you can be arrested for. For instance, you could be charged and arrested for driving under the combined influence of alcohol or drugs, or just under the influence of drugs. The drugs can be illegal drugs, prescription drugs, or any kind of drug that causes impairment.

Most DUIs will be charged as misdemeanors, but some are felonies. You are more likely to face felony charges if your case involves a serious accident, an accident with injuries, or other aggravating circumstances like a minor in the car.

Your charge will also be more serious and come with more severe consequences if it is not your first DUI offense.

Call For A Free Case Evaluation

What Happens When You Are Pulled Over On Suspicion Of DUI?

The police can pull you over for any vehicle code violation; they are not supposed to pull you over without cause, but it does happen. In California, some of the most common reasons you might get pulled over by the police include:

Weaving,
Speeding,
Erratic driving,
Having your lights off (or brights on into oncoming traffic),
Cutting someone off,
Failure to signal a turn,
Or any other violation of the vehicle code.

Once an officer pulls you over, they need to do an investigation before they can arrest you. The officer will typically approach the driver’s side window or the passenger’s side window and try to get a sniff of the air in your car. They want to see if they can smell the odor of an alcoholic beverage. Sometimes, they get that from other passengers who may be in the car.

Regardless of why, once they smell that odor, or if you make the mistake of telling them that you have had something alcoholic to drink, they will usually ask you to step out of the car and conduct a field sobriety test. Field sobriety tests are designed to help officers determine if you are inebriated (or to give them an excuse to claim you are). These tests are NOT mandatory. You can decline it; just make sure that if you do so, you do it politely and respectfully.

How Should I Behave During A DUI Stop And Arrest?

If you have been pulled over, your objective should be first and foremost to avoid giving the police anything they can use to convict you, and only after that to avoid being put under arrest.
You do not want to give them any additional evidence or hint that you have been drinking or doing drugs.

Remember, you do not need to give law enforcement officers such information, but you should always be polite when declining to do so.

What Field Sobriety Tests Might I Be Asked To Complete During A DUI Stop?

If you agree to do the field sobriety tests, there are three standardized tests you might be asked to complete.

The horizontal gaze Nystagmus test. In this test, the office will move a finger, pen, or flashlight side-to-side in front of your eyes. It’s supposed to be a 90-second test. However, they usually don’t take that long.
The walk and turn test, also known as the heel-to-toe test. This step requires you to take nine steps out, turn, and then take nine steps back while keeping your hands at your side and counting your steps out loud.
The one-legged stand. The stand requires you to hold one leg six inches off the ground with your foot parallel to the ground. Your hands have to be at your side. While looking at your foot and maintaining the pose, you are asked to count out loud until told to stop. This is supposed to be about 30 seconds. The police are looking to see if you put your foot down, hop, sway, or miscount.

Throughout all of these tests, the police officers will be looking for anything that shows that you are not properly performing the test. Worse, they do not tell you the scoring system for any of these tests or your results. But the results are put into their police report, which they will use later.

When Will The Police Test My Blood Alcohol Level?

At the Scene.

In most cases, once the police have gotten you out of the car, regardless of whether you agree to the field sobriety tests or not, the officers will ask you to do another voluntary test called the preliminary alcohol screening test. They will ask you to blow twice into a handheld device to see if you have a Blood Alcohol Concentration level (BAC) of .08% or higher.

If your BAC is at least .08%, or even slightly under, especially if there has been an accident with an injury, the police will immediately proceed to cuff you, put you in the car, and place you under arrest for Driving Under the Influence.

After Placing You Under Arrest

Once you have been arrested for DUI, the police will ask you to choose between a breath test and a blood test. A breath test can be done at the scene, at the jail, or at a police station. A blood test, in California, is usually done at the jail or police station. They’ll have a phlebotomist come in, or have it done by a phlebotomist or nurse at a hospital. Once you’ve chosen the type of test, it will be conducted.

Sometimes people are tempted to refuse the test. The problem with refusing a chemical test is that it means you are going to lose your license for one full year, with no possibility of a restricted driving permit for work or even of getting to continue driving with an ignition interlock device. In other words, if you refuse a chemical test after a DUI arrest, you will not be able to drive for one full year.

Refusing a chemical test in California may be advisable if you don’t need that license for the next year. However, refusal is probably not the best option, as in most cases it results in you losing your license for a year.

What Should I Do After A DUI Arrest In California?

If you have been pulled over by the police and you or someone with you has been arrested for Driving Under the Influence, you have to act fast. If you call an experienced DUI lawyer near you, there are many ways that an attorney can help mitigate the consequences of the arrest and avoid the worst of its consequences.

Call For A Free Case Evaluation

More Information

In Marin County or anywhere in the greater San Francisco Bay Area, DUI defense lawyer Aaron Bortel can help you defend your rights and keep driving after a DUI arrest. Call (415) 520-6815 right now or reach out online to figure out the next steps.

For A Free Case Evaluation
Call Us 24/7: (415) 520-6815
Text Us Now: (415) 531-3500

Get Help Now

REQUEST A FREE CASE EVALUATION

Call Us 24/7 For a FREE Case Evaluation: (415) 520-6815 Text Us Now: (415) 531-3500