California Drunk Driving Prosecution Overview

Under California law, there are two basic ways to convict someone of DUI (Driving Under the Influence)
California Vehicle Code Section 23152 subsections (a) and (b);
(a) A person can be convicted of driving while they were impaired by alcohol; or,
(b) Driving while having .08% or more, by weight, of alcohol in their body. This can be proven by blood
or breath test results.

On the first count, the legal standard is that someone is “impaired” when they are unable to operate their vehicle with the same caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

On the second count, in order to convict a person for DUI in California the prosecution must prove that the person was operating a motor vehicle while having a .08% or more, by weight, of alcohol in their blood. You can be found guilty of this count without “bad driving” In order to prevail, the prosecutor must prove beyond all reasonable doubt that the blood/breath alcohol level was above the legal limit, at the time of driving.

If you are convicted of both or either of the offenses you will only be punished one time.

Although they are separate offenses they are related and proof of one can be used to support the proof of the other. Likewise an experienced DUI attorney knows how to make the lack of proof of one cause doubt as to the proof of the other.