Kern Law, APC, has fought for over 20 years to defend clients accused of DUI charges, VC 23152(a), VC 23152(b), in San Ysidro, California, and the surrounding cities of Otay Mesa, Chula Vista, and Imperial Beach. Most DUI cases in San Ysidro will be held at the South County Superior Courthouse, located at 500 3rd Avenue, Chula Vista, California.
California Vehicle Code Section 23152 covers DUI charges in California. The legal limit for a DUI in California is .08, VC 23152(b). California Vehicle Code Section VC 23152(a) requires the driver to be under the influence of alcohol, which can be lower than .08. Under the influence does not mean drunk and is a legal term. Essentially, it means the driver was impaired to an appreciable degree that impacted their ability to operate a motor vehicle like an ordinary, prudent person in full possession of his or her faculties.
To stop a vehicle suspected of DUI, the arresting agency must have, for the most part, reasonable suspicion or probable cause. A driver has many rights during the stop, detention, and arrest of a DUI. Therefore, an experienced DUI lawyer is necessary to protect those rights and provide the best representation.
An officer will typically cite some of the following reasons to stop and make an arrest for a DUI:
- Erratic driving, weaving, traffic violations, an accident, or unusual driving;
- The physical appearance and conduct of the driver;
- How the driver performed on field sobriety test;
- Did the driver make incriminating statements, and did the driver refuse to submit to a chemical test.
