Driving with a blood-alcohol content of 0.08 percent or more is not the same offense as driving while under the influence of alcohol or drugs. A driver with a blood-alcohol content of 0.08 percent or more violates Vehicle Code 23152(b), even when he or she retains the ability to drive a vehicle with the caution that is characteristic of a sober person of ordinary prudence.
Also, any person who, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, drives a vehicle and concurrently does any act forbidden by law, or neglects any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver, violates Vehicle Code 23153(a).
Even if the person is not technically under the influence, one who is driving a vehicle while having a blood-alcohol level of 0.08 in his or her blood, and concurrently does any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver, violates Vehicle Code 23153(b).
In addition to the above offenses, penalty enhancements can be charged against a person who also refuses to submit to a chemical test, who was driving at an excessive speed, who at the time of the arrest had a passenger in the vehicle under the age of 14, or who has an excessive blood alcohol concentration.
Depending on the circumstances, the above offenses can be charged as a misdemeanor or a felony.
DUI – Drunk Driving cases are very complex and require special knowledge. DUI-Drunk Driving defense attorney Manuel J. Barba has that knowledge. Attorney Manuel J. Barba is a member of the National College for DUI Defense and the California DUI Lawyers Association. In addition Mr. Barba is a member of California Attorneys for Criminal Justice, California Public Defenders Association, and the National Association of Criminal Defense Lawyers. Attorney Manuel J. Barba has also attended the National Criminal Defense College in Macon, Georgia.
If you or a loved one has been arrested for DUI-Drunk Driving, call DUI attorney Manuel J. Barba today for a free consultation Toll Free: 1-866-442-2722, Riverside-Corona: (951)680-9125, Chino-Rancho Cucamonga-San Bernardino: (909)591-2256, Palm Springs-Desert Hot Springs-Indio: (760)770-3377.