Being charged with DUI (Driving Under the Influence of Alcohol or Drugs) can be an intimidating experience, especially if it is your first brush with the law.
You will be tested, arrested, your fingerprints will be taken, and you will be facing a criminal record – often for an honest mistake that you made on the roads.
At The Law Offices of Bryan R. Kazarian, we believe that you shouldn’t pay a long-term price for a short-term error.
Even if the evidence against you seems overwhelming, you have a good chance of escaping the most serious consequences with our experienced Orange County DUI lawyers.
We’re ready to defend you or a loved one against your DUI charge.
If you are suspected by law enforcement of driving a vehicle while “under the influence” of alcohol or a controlled substance, you will be charged with DUI.
With DUI charges, a person is considered to be “under the influence” of a substance if their physical or mental abilities are impaired to such an extent that they are not able to drive a vehicle with the same level of caution and care for other road users as a sober person would normally have.
According to the California Vehicle Code (CVC) § 23152:
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
These are treated as separate crimes in California. So, if you are stopped in Orange County and your Blood Alcohol Content or Concentration (BAC) is at 0.08 or above, you will usually be charged by law enforcement officers with not one but two crimes. Pursuant to the California Penal Code 654, you can only be punished once if both crimes are linked to the same incident.
Note that the law refers to driving a vehicle. This is not necessarily a car. It could be an automobile, a motorcycle, or even a bicycle.
Also, note that the vehicle doesn’t necessarily have to be moving for a person to be charged with DUI. Also, you can be arrested if you are in control of a bicycle even without pedaling, if the police suspect you of being under the influence.