Field Sobriety Tests
SAN DIEGO ADULT DUI STATUTES
Law & Definition of Adult DUI Charges in CalforniaWebsite Created by San Diego DUI Lawyer G. Cole Casey
AN EXCLUSIVE DRUNK DRIVING DEFENSE FIRM
C
alifornia Vehicle Code§ 23152 (a)
Adult Over 21 Non-Injury San Diego DUI Laws
San Diego Driving under the Influence
It is unlawful for any person who is driving under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a motor vehicle in San Diego County.
California Criminal Jury Instruction (San Diego DUI Trial Lawyers Only)
In order to gain a conviction under this San Diego DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) section 16.830 and are as follows:
A person drove a vehicle in San Diego, and
At the time, the driver was driving under the influence of any alcoholic beverage or any drug, or driving under the combined influence of any alcoholic beverage and drug
Under the influence is further defined in CALJIC 16.831. A person is driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug when as a result of drinking such alcoholic beverage and using a drug his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle in San Diego with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. If it is established that person is driving a motor vehicle in San Diego while driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug, it is no defense that there was some other cause which also tended to impair his/her ability to drive with the required caution.
In San Diego, another jury instruction relating to under the influence is the condition of the driver further defined and located in CALJIC 16.832. The manner in which a vehicle is being driven is not sufficient in itself to establish that the driver of the vehicle either is or is not driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug. However, the manner in which the vehicle is being driven is a factor to be considered in light of all the proved surrounding circumstances in deciding whether the person operating the vehicle was or was not driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug.
California Vehicle Code§ 23152 (b)
Driving with Prohibited Blood Alcohol Concentration
It is unlawful for any person who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle in San Diego County.
California Criminal Jury Instruction (San Diego DUI Trial Lawyers Only)
In order to gain a San Diego DUI conviction under this DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) section 16.830.1 and are as follows:
A person drove a vehicle in San Diego, and
At the time, the driver had .08 percent or more, by weight, of alcohol in his/her blood.
Adult Over 21 Non-Injury San Diego DUI Laws
San Diego Driving under the Influence
It is unlawful for any person who is driving under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a motor vehicle in San Diego County.
California Criminal Jury Instruction (San Diego DUI Trial Lawyers Only)
In order to gain a conviction under this San Diego DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) section 16.830 and are as follows:
A person drove a vehicle in San Diego, and
At the time, the driver was driving under the influence of any alcoholic beverage or any drug, or driving under the combined influence of any alcoholic beverage and drug
Under the influence is further defined in CALJIC 16.831. A person is driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug when as a result of drinking such alcoholic beverage and using a drug his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle in San Diego with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. If it is established that person is driving a motor vehicle in San Diego while driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug, it is no defense that there was some other cause which also tended to impair his/her ability to drive with the required caution.
In San Diego, another jury instruction relating to under the influence is the condition of the driver further defined and located in CALJIC 16.832. The manner in which a vehicle is being driven is not sufficient in itself to establish that the driver of the vehicle either is or is not driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug. However, the manner in which the vehicle is being driven is a factor to be considered in light of all the proved surrounding circumstances in deciding whether the person operating the vehicle was or was not driving under the influence of an alcoholic beverage, driving under the influence of a drug, or driving under the combined influence of an alcoholic beverage and a drug.
California Vehicle Code§ 23152 (b)
Driving with Prohibited Blood Alcohol Concentration
It is unlawful for any person who has .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle in San Diego County.
California Criminal Jury Instruction (San Diego DUI Trial Lawyers Only)
In order to gain a San Diego DUI conviction under this DUI statute, a prosecutor must prove all elements of this crime. Those elements are located in the California Jury Instruction for Criminal cases (CALJIC) section 16.830.1 and are as follows:
A person drove a vehicle in San Diego, and
At the time, the driver had .08 percent or more, by weight, of alcohol in his/her blood.
G. Cole Casey heads the top San Diego drunk driving defense law firm. As a well known San Diego DUI lawyer, his proven track record and DUI jury trial case results are unmatched and unprecedented by any other DUI attorney in the region.
Call us twenty-fours a day at (619) 237-0384 or Email Us now to discuss a legitimate and effective defense strategy for your driving under the influence case.
Chemical Tests
DUI Penalties
DUI Enhancements
The Law Offices of San Diego DUI Lawyer G. Cole Casey, Esq. 110 West C Street, Suite 1400 San Diego, CA 92101 Tel
619.237.0384