Many people believe that the DUI laws apply only to drinking an alcoholic beverage, but this is not true in California. Vehicle Code section 23152 defines the types of actions that can lead to a conviction. Vehicle Code section 23152, subdivision (e) provides,"It is unlawful for a person who is under the influence of any drug to drive a vehicle." Additionally, Section 23152, subdivision (f) provides, "It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle." These statutes do not limit the drugs to unlawful drugs; thus, use of a prescription drug could lead to a DUI arrest even though the person did not drink a single alcoholic beverage.
Therefore, prudent drivers should take some precautions this weekend while partying to prevent ending up in jail for a DUI arrest. According to Hutton and Wilson, premiere DUI attorneys in the Los Angeles area, here are some of the factors officers will be looking for to spot drunk or drug-impaired drivers:
• erratic driving
• excessive speed
• weaving between lanes
• entering the freeway in the exit lane
• straddling the center line, or drifting within your lane
• making too-wide turns
• driving too slow
• waiting too long to accelerate at a stop light when the light turns green
• not following traffic signs and signals
• stopping on a street or highway for no reason
• making unlawful turns
• no headlights on at night
• driving on the wrong side of the road
Thus, making certain you have a designated driver who will not be drinking any alcohol and who has not taken any prescription drugs or other unlawful drugs that could impair driving can prevent a DUI arrest. Additionally, simply not driving on the roads this weekend will prevent a DUI arrest as well.
But, if prevention does not work, you will need to hire an experienced criminal defense attorney to fight these charges in court and take action to preserve your driving privilege with the DMV.
If you have a case in the Los Angeles metro area, and would like me to recommend an experienced criminal defense attorney, you can contact me at esserlaw@gmail.com .
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established when a written retainer has been signed
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