Recently many college football fans followed the arrest of Ohio State Quarterback J.T. Barrett as video of his DUI arrest made national news http://www.tmz.com/category/dui/. Besides asking for special treatment from the police, Mr. Barrett also denied drinking alcohol and eventually had his DUI charge reduced to “operating a vehicle while under the influence” which carries less severe penalties than a DUI conviction. Similarly, in California, thousands of persons are stopped and charged with a DUI each year. Many persons arrested for DUI have no criminal record and have to deal with trying to making a potential criminal misdemeanor conviction get reduced or dismissed. Often times DUI charges can be successfully reduced or dismissed in California with the help of a qualified DUI lawyer.
- Defending DUI Charges Of Driving with a Blood Alcohol Level of 0.08 or Higher in California
Pursuant to California Vehicle Code section 23152(b), a person may be found guilty of driving under the influence if the prosecutor can prove beyond a reasonable doubt that:
- The accused drove a vehicle; and
- At the time of driving, the accused’s blood alcohol level was 0.08% by weight.
If a prosecutor does prove that a driver’s blood alcohol sample was taken either by blood, breath or urine within 3 hours of the alleged driving by a defendant and the chemical test demonstrates a level of blood alcohol of 0.08 percent or higher, a jury may, but is not required, conclude that the driver’s blood alcohol content was 0.08 percent or more at the time of the alleged driving offense.
It is important to note that when a jury considers any test results in a DUI case, they may take into consideration whether the person administering the test or the agency who maintains the testing machine followed the rules and regulations set forth by the California Department of Health Services.
Defending a DUI in California can be quite complicated and there are many defenses available to an accused where an experienced DUI attorney can explore to have a case driving under the influence dismissed or reduced in California. Often times, it will be hard for a prosecuting agency to prove that someone is driving with a blood alcohol level of .08 or higher due the fact that the tests were not properly administered or the evidence in general does not show beyond a reasonable doubt the percentage of blood alcohol in a driver at the time of driving.
If the prosecutor cannot prove their case, often times a charge may be dismissed or reduced to a reckless driving, exhibition of speed or a simple traffic infraction which carries much less severe penalties than a DUI sentence in California.
- Defending a DUI Charge of Driving Under the Influence of Alcohol – California Vehicle Code section 23152(a)
When a prosecutor cannot prove that a driver violated California Vehicle Code section 23152(b) (driving with a blood alcohol level of 0.08 or higher), they will often times seek a conviction for driving under the influence pursuant to California Vehicle Code section 23152(a). In order to be convicted of driving under the influence under 23152(a), a prosecutor must prove:
- The defendant drove a vehicle;
- At the time of driving, the defendant was under the influence of a drug or alcoholic beverage or a combination of both alcohol and drugs.
In many cases a prosecutor will argue that a pattern of driving is sufficient for a conviction under VC section 23152(a). However, the manner of driving itself is not sufficient under California law to prove that a person is guilty of driving under the influence. It is always advisable to contact a knowledge DUI attorney when charged with a violation of driving under the influence in California as the issues related to such a criminal prosecution can be professionally defended to make a district attorney prove their case under California Law which often times can lead to a successful result in a DUI defense including an acquittal.
