Under California law, “it is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.” (Vehicle Code section 23153(a).)
In California, a DUI is commonly charged as two separate counts. The first count, Vehicle Code section 23152(a), makes it “unlawful for any person who is under the influence of any alcoholic beverage or drug” to drive a vehicle. (Veh. Code § 23152(a).) The second count usually alleges a violation of Vehicle Code section 23152(b) which makes it “unlawful for any person who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” (Veh. Code § 23152(b).)
Happy New Year from Trujillo Law Offices!
The turning of the New Year inevitably means that some new laws will go into effect across the Golden State. We will be keeping our eyes on all of the new rules and statutes affecting criminal law practitioners. Here, I discuss the first of two new DUI-related laws in California. Both legislative actions indicate California’s tendency to increase penalties for DUI.
Preliminary Alcohol Screen (PAS ) Test F.A.Q.
One question I am often asked is whether a driver has the right to
refuse to take the roadside Preliminary Alcohol Screen (PAS) test
after being pulled over for suspected driving under the influence of
alcohol (DUI). Vehicle Code section 23612 authorizes the arresting
officer to use the handheld PAS device to determine the level of
alcohol in a driver’s blood. However, this statute also states that
the PAS test is voluntary.