What is a DUI?
Under VC 23152(a), driving under the influence of drugs and/or alcohol is a serious criminal offense. The punishment for a DUI conviction may result in substantial jail time and severe fines. Being arrested for a DUI is just the beginning of a long process. Other than the criminal case you will face, you must also answer to the Department of Motor Vehicles (DMV), who will attempt to suspend or revoke your driving privilege.
Types of DUIs
There are different types of DUIs. The most common DUI occurs when your blood alcohol concentration (“BAC”) is at 0.08% or higher at the time of driving. However, you may still be charged with a DUI if your BAC is lower than 0.08%.
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VC 23152(a) states that it is unlawful for any person who is “under the influence” of any alcoholic beverage and/or drug to drive a vehicle. It does not require your BAC to be 0.08% or higher. You are considered to be “under the influence” for purposes of VC 23152(a) when your mental or physical abilities are so impaired by drugs and/or alcohol that you are no longer able to drive a vehicle with the same caution as a sober person using ordinary care under similar circumstances.
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Another type of DUI offense is a DUI that causes an injury to another person under VC 23153. The DUI penalties are severe, but the punishment for a DUI causing injury will increase dramatically. Speak to one of our experienced DUI attorneys today, so we can provide you with our help based on the specific facts of your case.
Some Science Behind DUIs
When you consume an alcoholic beverage, approximately 20% of the alcohol is absorbed into your stomach lining and the remaining 80% is absorbed by the small intestine.
Your blood alcohol content (BAC) reflects the amount of alcohol in your body and measures the difference between rate of absorption and elimination.
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A few of the factors affecting absorption and BAC include the following:
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Your sex;
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Your weight;
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Your height;
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Your drinking pattern;
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If you have eaten food prior to consuming alcohol; OR
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The alcohol by volume (ABV) of the beverage.
The intoxication of an individual depends on the absorption, distribution, and elimination of alcohol through the body. The rate of absorption, distribution and elimination varies greatly between individuals, and can have a substantial effect on an individual’s level of impairment and chemical test results.
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