Southern California DUI/DWI Drunk Driving Defense

It is a Misdemeanor to Drive a vehicle Under the Following Circumstances:

A) While under the influence of any alcoholic beverage or drug, or under their combined influence. Vehicle Code Section 23152(a).
- DUI involving alcohol. It is not necessary to prove any specific degree of intoxication, but only that the defendant was under the influence.
- DUI involving drugs. When a defendant is charged with driving under the influence of a drug, a showing of a specific measurable amount of the drug in the defendant's blood is not required. The showing that must be made is that the defendant was under the influence.

B) While having 0.08 percent or more, by weight, of alcohol in one's blood. For this offense it is not necessary to prove the defendant was, in fact, under the influence; it is sufficient to prove the defendant's blood-alcohol level was 0.08 percent or more. For this reason, this statute is sometimes referred to as the "per se" DUI statute. There is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. Vehicle Code Section 23152(b).

****** Persons Under 21 - Driving Under the Influence - DUI - California Vehicle Code Section 23140 ***********

(a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood.

****** Persons Under 21 - Driving Under the Influence - DUI - California Vehicle Code Section 23136 ***********

(a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.
(b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

Section 1219.1 of Title 17 (Blood Collection and Retention) explicitly states:

(a) Blood samples shall be collected by venipuncture from living individuals as soon as feasible after an alleged offense and only by persons authorized by Section 13354 of the Vehicle Code.
(b) Sufficient blood shall be collected to permit duplicate determinations.
(c) Alcohol or other volatile organic disinfectant shall not be used to clean the skin where a specimen is to be collected. Aqueous benzalkonium chloride (zephiran), aqueous merthiolate or other suitable aqueous disinfectant shall be used.
(d) Blood samples shall be collected using sterile, dry hypodermic needles and syringes, or using clean, dry vacuum type containers with sterile needles. Reusable equipment,if used, shall not be cleaned or kept in alcohol or other volatile organic solvent.
(e) The blood sample shall be deposited into a clean, dry container which is closed with an inert stopper.
(1) Alcohol or other volatile organic solvent shall not be used to clean the container.
(2) The blood shall be mixed with an anticoagulant and a preservative.
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(g) In order to allow for analysis by the defendant, the remaining portion of the sample shall be retained for one year after the date of collection.
(1) In coroner's cases, blood samples shall be retained for at least 90 days after date of collection.
(2)Whenever a sample is requested by the defendant for analysis and a sufficient sample remains, the forensic alcohol laboratory or law enforcement agency in possession of the original sample shall continue such possession, but shall provide the defendant with a portion of the remaining sample in a clean container together with a copy or transcript of the identifying information carried on the original sample container.