california dui & dwi

driving under the influence & driving while impaired

In some states DUI is referred to as DWI, but in 2004 all 50 states established a legal blood alcohol limit of .08%, and some states enforce very strict zero tolerance laws for persons under 21 years of age who are considered minors in regards to alcohol consumption, including California. Following are the legal definitions of drunk driving acronyms:

DUI: Driving Under the Influence. In California, it can mean under the influence of any mind altering substance and is most traditionally and most commonly associated with alcohol.

DWI: Driving while Impaired. Encompasses alcohol and drugs, whether legal or illegal in nature.

DWAI: Driving while Ability Impaired. Intended to address a driver with a lower tolerance level to alcohol and drugs, who may be significantly impaired with a BAC of .05%, and under the legal limit, yet still a safety danger to other motorists. In contrast, a "hardcore drunk driver", a term used for multiple DUI offenders, may have a BAC of .20% or more, yet still go undetected through a sobriety checkpoint because of his or her ability to "maintain".

what is the legal limit for blood alcohol content?

It is illegal to drive in San Diego after consuming alcohol in any form that places a motorist above the legal limit for their category, which varies from a BAC limit of .01% for minors under age 21, .08% BAC for adults over the legal drinking age, and .04% BAC for commercial drivers.

Serious penalties apply for both Driving While Intoxicated from alcholol and Driving Under the Influence of Drugs, or DUID, whether the drugs are prescription, recreational, over the counter "cough syrup" and other alcohol based medications, herbs and teas, illegal controlled substances, or any combination of alcohol and drugs that impairs a driver's ability to demonstrate prudent care and caution while operating a motor vehicle or vessel.

If ingestion of drugs or consumption of alcohol, or any combination of drugs and/or alcohol, are determined to impair a motorist's judgment, reflexes, response time, and ability to drive safely, law enforcement will determine they are driving under the influence, regardless of an exact BAC result. A combination of alcohol and drugs, even if the driver's BAC is under .08%, can be considered to render the driver "impaired". Conversely, an attorney might argue that a BAC above the legal limit of .08% did not cause impairment in a certain individual, as tolerance levels vary widely from person to person.

when is drinking & driving considered drunk driving?

What constitutes a DUI under San Diego Laws? In short, DWI can be charged for consuming, ingesting, or injecting almost anything which adversely effects a driver's ability to operate a vehicle safely. If it impairs a driver's reflexes, reaction time, or judgement, it is considered DUI.

If your DUI arrest is a first time drunk driving offense and includes no aggravating factors or California DUI penalty enhancements, it will usually be charged as a misdemeanor crime. Driving Under the Influence charges are punishable to differing degrees according to California's DUI laws, prior offenses, extenuating circumstances, or aggravations.

one arrest creates two cases: criminal & civil

A DWI arrest in San Diego triggers two cases: one in criminal court, and other another civil, or administative case, with the DMV to suspend your drivers license. Your first criminal court appearance is automatically scheduled by your arrest, a DMV hearing on admin per se, or administrative license suspension, is optional and WILL NOT be provided for you unless your attorney requests a hearing at the DMV driver safety office within 10 calendar days of your arrest. If you have not met the deadline to request the DMV hearing, your license will automatically be suspended even though the court has not proven you guilty and convicted you of DUI. The DMV supports this practice of "guilty before being proven innocent within 10 days" by declaring a drivers license is a privilege, and not every person is entitled to a "right" to drive.

drunk driving myths

myth 1. the smell of alcohol on breath is a drunk driving indicator

The belief that police officers can smell alcohol on a driver's breath is misleading because alcohol in its purest form has no odor. What police are actually smelling is the mixers and additives used WITH the alcohol. If a cop states he or she smells alcohol, they are really smelling the juice, hops, fruit, soda, or flavoring substance added to the alcohol to make the drink more palatable.

A person who drink five nonalcoholic beers will smell the same as a person who drinks five beers containing alcohol.

myth 2. diabetic alcohol will not produce a positive breathalyzer result

Common symptoms of diabetes and hypoglycemia are are poor motor control, sleepiness, slurred speech, a staggering gait, loss of balance and other signs that are often mistaken for intoxication. Hypoglycemia, or low blood sugar, causes acetone on a person's breath, which a breathalyzer cannot differentiate from consumed spirits and can cause a false arrest for DUI.

dui dedicated defense

Our Law Practice is dedicated exclusively to the defense of alcohol and drug related driving offenses. If you are facing criminal & & adminstrative charges, your freedom, mobility, occupation, and financial security are in jeopardy. We urge you to make a decision regarding your defense that is as serious as the ramifications you could be facing, whether it is your first DUI offense, or your fourth drunk driving arrest, your future will be in the hands of the system - don't go at it alone or underrepresented. Call us 24 hours per day, 7 days per week at 619.231.7412. We will handle your court & DMV case as if it were our own - once you hire us, it is our own case.