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San Diego DUI Lawyer G. Cole Casey
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Is There a Difference between Driving Drunk and Driving Drugged?

Driving under the influence of alcohol and driving under the influence of drugs are often confused under California DUI Law, so is there a difference between the two? Any alcohol in one’s system will affect their ability to operate a motor vehicle to some varying degree. Furthermore, most people react uniquely to differing amounts of alcohol and the various factors that affect an individual’s metabolic rate. California , like most states has set the legal maximum limit of blood alcohol concentration (BAC) to operate a motor vehicle at 0.08 percent grams of alcohol per 1000 milliliters in one’s bloodstream.

In California there are two primary Vehicle Codes used to charge a citizen for driving while under the influence: §231252 (a) and §23152(b). Simply put, the §23152(a) charge or “Basic DUI Law” states it is illegal to operate a motor vehicle while under the influence of alcohol and/or drugs. This does not necessarily require a citizen to have a BAC of 0.08% or more to violate the law. An individual may have a BAC under the legal limit of 0.08 percent and still be considered driving a vehicle while under the influence of alcohol and/or drugs, proving it in a court of law when challenged by a skilled and experienced DUI attorney is another matter, but technically your driving patterns, actions (ie, whether you involved in an accident), and your demonstrated or perceived level of impairment could an arrest at a lower BAC level.

For example, an individual may be taking prescription medication without realizing the synergistic effect the combination of one glass of wine might have interacting with the medication. The result may be a BAC below 0.08%, yet the defendant could still be deemed under the influence. This is due to the combined effect of alcohol with the medication which affected the Defendant to a degree that the driver could not safely operate a vehicle. Another example would be if an individual did not have any alcohol in his/her system, yet the drugs (either prescribed or not) in their system rendered them unfit to safely operate a motor vehicle. These are just two simplified scenarios that could subject one to violating the Basic DUI Law.

The §23152(b) or “Per Se” charge states that if an individual has a BAC of 0.08 or greater, they are deemed in violation of the law “per se” or automatically. Thus, if one’s BAC is greater than or equal to 0.08 percent, they are deemed to be in violation of the Per Se law.

The Prosecution must prove each element of the alleged offense, “beyond a reasonable doubt” that a driver is guilty. To be convicted of §23152(b) the burden of proof is still on the Prosecution to show “beyond a reasonable doubt” that the Defendant’s BAC was 0.08 or more. The weight of the BAC test is still presumptive, yet may be more difficult for the defense to overcome.

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 four hours 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.