California's drunk driving laws and the policy of all California law enforcement agencies require a police officer, sheriff's deputy or highway patrol officer to arrest any person for DUI (driving under the influence of alcohol) or DUID (driving under the influence of medication or drugs) who is driving while impaired, or with a blood alcohol concentration (BAC) of 0.08% or higher. Notably, California law establishes a person is driving under the influence "if, as a result of drinking or consuming an alcoholic beverage and/or taking a drug, their mental or physical abilities are so impaired that they are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances."
Field Sobriety Tests
Most people don't realize that field sobriety tests are completely optional. The police officers who pull you over and give them to you will not tell you this, but they are optional. You are absolutely within your rights to politely refuse to take the Field Sobriety Tests in their entirety. These Field Sobriety Tests are not really tests at all. Instead, they are physical agility exercises that are SUBJECTIVE in nature. In other words, the police officer, who already thinks you are DUI because he is giving you the Field Sobriety Tests, is the one who is determining whether you pass or fail each test. The officer is looking for any and every mistake that you make. In fact, many people with absolutely no alcohol in their system "fail" these tests. A skilled California criminal defense lawyer can turn your failing these tests into you passing these tests. A skilled California criminal defense lawyer will be able to point out all of the things you did right with these tests, and will know how to cross examine the police officer who administered and "graded" each test.
Under 21 DUI Law
There are specific laws in California for persons under 21 who are arrested for DUI . Just like with people over 21, there are two separate prosecutions: the D.M.V. (where you can have your license taken away and suspended) and the criminal court (where you can be fined, put in jail, given alcohol education classes, community service, etc., depending on the facts of your case). However, the punishment is more severe for persons under 21, especially with the D.M.V. under California's "Zero Tolerance" laws. California's "Zero Tolerance" laws make things a lot tougher on those people under 21 who are caught driving with any hint of impairment due to alcohol. The under 21 driver can have their driver's license taken away by the D.M.V. if their blood alcohol content is .01 percent or greater; they can be charged with a violation of California Vehicle Code section 23140 (DUI for persons under 21) if their blood alcohol content is .05 percent or greater; and they can be charged under the same DUI laws as persons over 21, all at the same time. Since the penalties and consequences for persons under 21 are so severe, it is important to have an experienced, knowledgeable and aggressive California DUI attorney on your side. The transgressions we make in our early days can affect us for years to come. But many DUI 's can be successfully defended, and you would be wise to contact a Southern California Drunk Driving Lawyer who knows this area of the law.