Vehicle Code 23152(a) and 23152(b)
If you have been arrested for DUI you probably had your license taken by the police and were given a temporary license along with a ticket showing a violation of Vehicle Code Section 23152(a) and 23152(b).
23152(a) requires the prosecutor to show evidence that you acted and/or showed signs of intoxication which beyond a reasonable doubt show you were driving under the influence of alcohol. A person can be below a .08 and still be convicted for DUI if the facts surrounding the arrest show there was impaired driving.
23152(b) is a much easier conviction for the prosecution to obtain. They need only show that there was .08% of alcohol in your blood at the time of driving. If you have .08% or more you are presumed to have been under the influence.
What The Prosecutor Must Prove.
Under 23152(a) the prosecutor must prove that you were driving under the influence.
First, it must be shown that you were driving. There are countless circumstances where the police make an arrest even though they never actually saw the arrested person driving and the prosecutor must provide driving.
Second it must be shown that you were under the influence. This means that you were not able to drive with the "caution characteristic of a sober person of ordinary prudence under the same or similar circumstances." This is why the police ask you to perform roadside sobriety tests, so they can acquire evidence of impairment.
Under 23152(b) the prosecutor only needs to show that you had .08 percent alcohol in your blood and it is then presumed you were under the influence. In that case the other factors are not needed to convict.
Under 23152(e) a person can be convicted of driving under the influence of drugs. In this scenario the police will take a blood sample since a breath test does not show evidence of narcotics in the blood stream. A person can be convicted of driving under the influence of drugs even if it was prescription medication.
There are countless situations where police make an arrest without ever witnessing driving. We have successfully handled many cases where people were asleep in the vehicle and no driving occurred, police arrived to the scene of an accident and never saw any driving, or acted on information provided by others when arresting someone not even in a vehicle. If there was no driving there can be no conviction for DUI.
Just because police observed something that led them to believe you were under the influence of alcohol does not mean those observations were not caused by other factors, or, even that those observations were accurately witnessed and recorded. It may be possible to have the officers observations, and even the breath and blood tests thrown out of court, which deprives the prosecutor of crucial evidence they need.
The science and medical issues of alcohol and drugs can make DUI crimes to difficult to defend, but this same complexity also wins cases or gets great settlements. Breath machines use decades-old technology, and blood testing equipment may be contaminated - both producing high alcohol or drug results. You have the right to have the blood results tested by your own toxicologist, you need not simply accept the government's lab results.
The same defenses apply to driving under the influence of drugs. You will have the right to have your own experts test the blood and even speak about their test in court.
Disclaimer - The information contained does not constitute legal advice. We make no promises or guarantees about the accuracy or completeness of information contained within. Nothing provided herein should be used as a substitute for counsel. DUI lawyer/ DUI attorney serving Hermosa Beach, Manhattan Beach, Torrance, Redondo Beach, all beach cities.