Stopped for Suspicion of DUI - Vehicle Code Section 23152

A DUI, or driving under the influence charge, is one of the most common criminal offenses, and law enforcement patrols the roads more frequently during the holiday season to stop suspected intoxicated drivers.

A person can be charged with a regular DUI under two statutes.  Under Vehicle Code section 23152(a), driving under the influence of alcohol, a drug, or a combination of the two is an offense.  Under Vehicle Code section 23152(b), a driver with over .08 percent blood alcohol content is also guilty of DUI.  Defendants are often charged under both statutes.  Notice that there is no blood alcohol content for a Vehicle Code section 23152(a) charge, and you may be found guilty even if your BAC was below .08.

The facts and circumstances may increase the penalty for a DUI. Aggravating factors include whether the DUI caused personal injury or property damage, whether the driver had been convicted of previous DUIs, or whether there was a minor passenger in the vehicle.

If law enforcement has stopped your vehicle for suspicion of DUI, remembering a few general principles may greatly assist you if you are eventually arrested or charged with a crime.  If you are stopped, you do not have to speak to an officer, but you must give the officer your license, registration, and proof of insurance if he or she requests it.

Note that you do not have to agree to any field sobriety tests: you may lawfully decline to follow the penlight with your eyes, and your refusal cannot be used against you.  You may also decline to step out of a vehicle for field sobriety tests.  You must, however, submit to a chemical test, such as a breathalyzer or a blood test.

Even if you refuse to take a field sobriety test, the officer will be scrutinizing you during the entire stop.  Law enforcement is trained to observe indications of intoxication, including bloodshot or unfocused eyes, slurred speech, unsteady movement, and the smell of alcohol on your person.  Though it may be difficult to control these physical manifestations, try to control them as best you can.

Call Wallin & Klarich Today

If you have been arrested or charged with a DUI, call an experienced Southern California DUI lawyer immediately.  A DUI lawyer can raise a variety of possible defenses to a DUI charge, or may plead to a lesser charge.   Also, contacting a Southern California drunk driving attorney will allow your legal counsel to contact the DMV for a hearing to allow you to drive pending the resolution of your charges.  Thus, a DUI attorney can secure valuable rights and privileges that may otherwise be lost if you choose to go without an attorney.

We have offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. We are able to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.