DUI-Driving Under the Influence

Driving while under the influence of alcoholl makes it unlawful for one to operate a motor vehicle while the person's ability to operate the vehicle is impaired; or the driver is driving with a blood alcohol level of .08% or greater. Typically an officer will stop a driver for committing a vehicle code violation or other Infraction and then investigate the driver for drunk driving.

After an initial contact by the officer, the officer may have the individual step out of the vehicle and perform field sobriety and/or roadside tests. These balancing tests include the line walk, finger dexterity test, modified position of attention, as well as reciting the alphabet. These tests help the officer determine the physical or cognitive abilities of the arrestee. If the officer believes that there is probable cause to arrest the individual for driving under the influence, then the arrestee is taken down to the police station to take a chemical test. Chemical testing pursuant to Title 17 of the California Code of Regulations include breath samples and/or a blood draws. Urine tests are also available but no longer used within the State of California.

A DUI sentence can result in severe consequences including jail, fines and probation as well as lengthy alcohol programs. California Vehicle Codes 23152(a), 23152(b), 23153(a), and 23153(b).

More on California Driving Under the Influence-DUI



Zealously Protecting Your Rights Since 1981

Our criminal defense attorneys at Roberts & Elliott, LLP defend clients throughout California's South Bay area and Silicon Valley, including the cities of San Jose, Santa Clara, Campbell, Cupertino, Sunnyvale, Mountain View, Los Gatos, Gilroy, Morgan Hill, Milpitas, Palo Alto, Pleasanton, Livermore, San Francisco, Fremont, Oakland, Hayward, San Mateo, Redwood City, and Hollister charged with a crime. Our experienced criminal defense lawyers also defend clients throughout the following California counties charged with a criminal offense: Contra Costa County, Alameda County, San Benito County, Santa Cruz County, San Francisco County, San Mateo County, Monntery County and Santa Clara County. Whether you need a San Jose criminal defense lawyer or a California DUI defense lawyer, we can help.

The statements, testimonials, or endorsements set forth in this site to not constitute a guarantee, warranty or prediction regrading the outcome of your legal matter.