Morell Law Office

15 Feb

How California Police Determine Your Level of Intoxication

Posted by Amy Morell on Feb 15, 2013


As in other states, it is illegal in California for any individual to drive while under the influence of alcohol. Intoxication is defined as follows:

For most drivers in California, the legal limit is defined as 0.08% of a person's blood by volume (that is, a person's blood alcohol content), as determined by a chemical test administered within three hours after the person was stopped.

For drivers of commercial vehicles, the limit is 0.04% of a person's blood alcohol content.

For drivers who are under the age of 21 or on probation for a previous DUI conviction, the legal limit is 0.01%.

If you are stopped by a police officer who suspects that you have been driving under the influence of alcohol, you may be asked to submit to a test, which will measure your breath or your blood to determine your sobriety. In California, you are legally required to submit to a chemical test (this is not the hand held device out in the field) after being pulled over on suspicion of driving under the influence. Everyone who has a driver's license is considered to have given their implicit consent to such a test. If you cannot take a blood test because you are either hemophiliac or taking an anticoagulant medication, a urine or breath test will be required.

If you decline to take the test, your drivers license may be suspended. A first-time offense will result in a year-long suspension of your license by the California Department of Motor Vehicles, and subsequent offenses may lead to longer revocations of your driving privileges. If you are convicted of a DUI after refusing the test, you could be subjected to more severe penalties, such as higher fines and ineligibility for a restricted license.

When you need an experienced DUI attorney in California, contact Morell Law Office. We can help you handle your DUI case and ensure that you understand the charges against you.

Our office practices DUI defense exclusively. To schedule a free consultation, call us toll free at 1-877-366-9440.

Amy Morell

Morell Law Office is 100% devoted to defending people accused of DUI in courts and DMV hearings in the San Francisco Bay Area.

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