California’s DUI
Per Se Law
When someone is arrested for
drunk driving in California,
two different charges are filed against the driver. The first, “driving under the influence” involves whether or not the individual was actually impaired while driving. The emphasis here is on the offender’s mental and/or physical ability to operate a motor vehicle.
California law states that a
“driver is under the influence” when his or her mental and physical abilities are impaired whereby he or she is unable to drive like one who is sober.
 The second charge in a
Calfiornia DUI case
comes about when a driver violates the
Per Se Law. The Per Se law involves “on-the-spot” suspension of one’s driving privileges. When a driver’s blood-alcohol content is .08% or higher (the legal limit), the
Department of Motor Vehicles is required by this law to suspend or revoke the individual’s driving privileges.
While many people who are charged with a DUI/DWI fear that their chemical test reading of .08% or greater will result in definite license suspension or revocation, an experienced
California DUI lawyer
can effectively challenge the test results and help clients keep their driving privileges. In a number of DUI/DWI cases, blood-alcohol content tests are conducted an hour or more after an individual was actually driving. Because of the time lag, these tests and their results are highly subjective and a good
California DUI attorney can most often challenge the results.
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