Misdemeanor DUI

In the state of California and in the County of San Diego it is illegal to drive under the influence of alcohol. If a person is charged with a misdemeanor DUI it is important to contact an experienced criminal DUI attorney.

Vehicle Code section 23152(a) makes it illegal to drive a motor vehicle while intoxicated. Under California law a person is intoxicated for purposes of driving if they can not drive a motor vehicle with the care that a reasonable prudent sober person could drive. Therefore, regardless of the persons blood alcohol concentration (BAC), if have consumed alcohol or any drug and they can not drive a motor vehicle with the same care of a sober person then they may be guilty of violating Vehicle Code section 23152(a). This is the subdivision that the county of San Diego uses to prosecute people that drive a motor vehicle while impaired do to the consumption of illegal drugs such as marijuana, cocaine, methamphetamine and heroin, and prescription drugs such as valium or vicoden etc.
 
When a person is charged with this subdivision there actual BAC is a factor in determining guilt, however it is not the only factor. Therefore if a person's BAC is under a .08 (the presumptive legal limit see below) and they are swerving in and out of their lane, unable to perform Field Sobriety Tests (FST's) in theory they can still be prosecuted under this vehicle code section. The prosecutor will rely on the observed driving, performance on FST's and the opinion of the arresting officer. This is also the subdivision used to prosecute individuals that refuse to submit to a breath or blood test to determine their BAC.

Vehicle Code section 23152(b):
Most driving under the influence (DUI/DWI) cases are charged in the duplicative. In the county of San Diego most individual charged with driving under the influence is charged with Vehicle Code section 23152(a) is also charged with violating Vehicle Code section 23152(b). Vehicle Code section 23152(b) makes it illegal to drive a motor vehicle with a BAC of .08 or higher. If a person is driving a motor vehicle with a .08 the can be found guilty of violating Vehicle Code section 23152(b).

Mounting a Defense against a charge of Driving Under the Influence in violation of Vehicle Code sections 23152(a) or Vehicle Code section 23152(b).
First and foremost a person needs to contact an experience criminal DUI attorney that has the knowledge skill and ability to assist them with their criminal DUI charges.

The best way to defend against a DUI/DWI charge is to attempt to suppress any and all evidence obtained by filing a motion pursuant to Penal Code section 1538.5. A motion pursuant to Penal Code section 1538.5 can be filed if there was a violation of the 4th Amendment of the United States Constitution for an illegal Search or Seizure. Most DUI/DWI investigations begin with a traffic stop. If the arresting officer did not have a legal right to conduct the traffic stop then all evidence obtained after the traffic stopped can be suppressed.

Secondly, if there is no basis to suppress evidence the criminal DUI attorney must attack each of the separate DUI/DWI charges. First when considering Vehicle Code section 23152(a) a good criminal DUI lawyer must analyze any and all observed driving. Was there any observed driving that is indicative of impairment. How did the client perform on the field sobriety tests. Did the tests yield any evidence of impairment. Was the arresting officer qualified to interpret the field sobriety tests and give an opinion on the impairment of the client. Was there any contributing factors that may have accounted for any perceived impairment during the field sobriety tests such as preexisting medical of physical conditions that may have limited the clients ability to perform the the field sobriety tests. Where the tests conducted in an area that was well suited to conduct the field sobriety tests. (was the ground flat and clear)

Finally, the criminal DUI lawyer must attack the Blood Alcohol Concentration tests results. The criminal DUI attorney must review all of the documents related to the calibration of the equipment used to determine the BAC. In addition, the criminal DUI attorney must confirm if the tests were conducted appropriately and in compliance with the law.

Therefore it is critical if a person is charged with a misdemeanor driving under the influence charge (DUI/DWI) that they obtain a competent and effective criminal DUI attorney.