

Driving Under the Influence (“DUI”)
DUI violations are unique in the sense that they tend to occur across all ranges of income and educational backgrounds. A DUI arrestee is typically charged with Vehicle Code sections 23152(a) and 23152(b) - the (a) section is for driving while impaired while the (b) sections is for driving with a blood alcohol concentration of .08% or greater. A driver arrested solely for being under the influence of a drug while driving can be charged under Vehicle Code section 23152(f), and those arrested for driving under the combined influence of a drug and alcohol can be charged with Vehicle Code section 23152(g). In all cases, once a driver is arrested for driving under the influence, he or she will be required to submit to a blood or breath test back at the police station to determine the person’s blood alcohol concentration, and failure to do so may result in a one-year suspension of the person’s driving privilege under California’s Implied Consent Law. An officer conducting a DUI investigation after pulling someone over will typically ask for the driver to perform a preliminary alcohol screening (“PAS”) test, which is a breath test in the field used to help the officer determine whether the person stopped has a blood-alcohol concentration that will subject him or her to arrest. A driver stopped for a DUI investigation has NO obligation to perform the PAS test, and his or her refusal to do so will in most instances be inadmissible at trial. Most first-time DUI offenders are typically offered three years of probation, a $390 fine, a three-month alcohol program, and other standard conditions. The fine, probationary period, and length of alcohol-program can be increased depending on several factors, notably whether the person has prior DUI convictions, an especially high BAC, whether the person was also driving on a suspended license, and whether there was a traffic collision involved. These factors will also affect whether jail time or labor are included in the prosecution’s offer.
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