The Following Pages Describe the Legal Foundation for a DUI Case and the Basis of the Various DUI Charges

Driving Under the Influence
If a driver is over the age of 21, it is not automatically “drunk driving” if they were to drink some alcohol and drive a car. The DUI penalties arise from the California DUI or DWI or OUI laws that prohibit being under the influence of alcohol or having a blood alcohol level, or in many cases only a breath alcohol test reading, of .08% or more.

DUI Scientific Evidence
Surprisingly, much of the scientific evidence used in a DUI charge is not accurate. The field sobriety tests are also based on poor science. Many people fail field sobriety tests that are 100% sober. Furthermore, the California drunk driving laws do not require field sobriety tests.

DUI Traffic Stops and Field Sobriety Tests
A trained law enforcement officer is always on the lookout for a potential drunk driver. At certain times of the night every traffic stop is a possible DUI investigation that can lead to a DUI arrest and a criminal DUI charge.

Alcohol Breath Tests and Blood Alcohol Levels
All drivers in the California area are deemed to have given their consent to a “chemical test” of their breath or blood to determine if they are above the legal blood alcohol limit. This a different test than the roadside field sobriety tests.

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