| | | |


Driving under the influence (DUI), driving while impaired/driving while intoxicated (DWI) is the crime or offense of driving or operating a motor vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. Good DUI / DWI Defense Lawyers can make a difference to you life, work and family. The criminal offense may not involve actual driving of the vehicle, but rather may broadly include being physically in control of a car while intoxicated even if the person charged is not driving. For example, a person found in the driver’s seat of a car while intoxicated and holding the keys, even while parked, may be charged with DUI, because he or she is in control of the vehicle. Breath or Blood Alchohol Testing: The most common evidence in DUI Attorney (DUI) cases are the breath alcohol test results. Several DUI breath test machines are used by the various Southern California counties. Mr. Tripathi can challenge the reliability of any of these alcohol breath testing devices. A blood test is often considered to be the most accurate type of chemical test that can be performed. If this evidence is presented, many times a retest of the blood can be very persuasive. Calculating BAC Blood alcohol content, or BAC, is the detectable amount of alcohol in a person’s blood stream. It is measured in milligrams percent. A driver in California, who is over the age of 21, is over the legal limit if the BAC is 0.08% or higher. A driver with a BAC lower than 0.08% may still be considered under the influence if they show signs of intoxication. Field Sobriety Tests / Symptoms of Intoxication – The Horizontal Gaze Nystagmus Test (follow the stimulus with your eyes) The Walk and Turn Test (9 steps each direction, on the line The One Leg Stand Test (raise one foot for 30 seconds) The Rhomberg test (close eyes, tilt back head and count to 30) The Finger to Nose Test (close eyes, extend arms and touch nose with fingers) The Finger Count test (thumb to finger, 1-2-3-4 and 4-3-2-1) The Hand Pat Test (clapping palm and then backhand)


The legal Blood Alcohol Concentration (BAC) limit for drivers 21 years and older is 0.08% in California. For those under 21, any detectable amount of alcohol is grounds for a DUI charge. Commercial drivers have a limit of 0.04%.

First-time DUI offenders may face penalties including jail time, large fines, and a license suspension. Subsequent offenses come with increasingly severe penalties, potentially leading to long-term imprisonment and permanent license revocation.

In California, you technically can refuse a breathalyzer test, but doing so will result in automatic license suspension due to “implied consent” laws. This means that by driving on California roads, you have implicitly agreed to submit to chemical tests if suspected of DUI.

Generally, a DUI is treated as a misdemeanor in California. However, it can be charged as a felony if you have multiple prior DUI convictions, or if your DUI resulted in injury or death to another person.

If you are under 21 and are caught driving under the influence, you will face immediate license suspension, possible jail time, and mandatory alcohol education programs. The consequences are intended to be severe to discourage underage drinking and driving.

Note: This FAQ is for informational purposes only and should not be considered as legal advice. Always consult with a qualified attorney for your specific legal needs.

Get a Free Consultation

Choose Your Law Frim, Choose The Best Care for Yourself

This website uses cookies to ensure you get the best experience on our website.