According to California Law, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. (Vehicle Code § 22349.) If you are stopped for a violation of the maximum speed law, a mere traffic stop could lead to a DUI investigation if you have objective symptoms of alcohol intoxication.
Assault in California is defined under Penal Code section 240 as an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen.
Under California law, it is unlawful to carry “concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.” (Penal Code Section 25400(a)(1).)
Under California law, “It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” (Vehicle Code § 23140(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.