{"id":3424,"date":"2019-02-05T21:22:47","date_gmt":"2019-02-05T21:22:47","guid":{"rendered":"https:\/\/vikbajaj.wpengine.com\/?p=3424"},"modified":"2019-02-05T21:22:47","modified_gmt":"2019-02-05T21:22:47","slug":"understanding-dui-under-23152a-vc","status":"publish","type":"post","link":"https:\/\/aquahealphysiotherapy.com\/vblaw\/understanding-dui-under-23152a-vc\/","title":{"rendered":"Understanding DUI Under 23152(a) VC"},"content":{"rendered":"\n

A man was recently arrested on suspicion of DUI<\/a> after he almost hit two men in the parking lot of a San Diego In-N-Out restaurant. According to police, the man was driving in a \u201creckless manner\u201d and unable to control the vehicle. Once the vehicle came to a stop, the driver got out and started swinging a machete in the direction of the two men he\u2019d almost hit with the car. Investigations into the incident are ongoing.<\/p>\n\n\n\n

Driving Under the Influence in San Diego<\/h2>\n\n\n\n

California has two distinct DUI<\/a> laws. The first, Vehicle Code 23152(b) VC, makes it a crime to drive when your blood alcohol concentration (BAC) is above the legal limit. You violate 23152(b) VC every time you get behind the wheel with a BAC at or above .08 percent.
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However, you don\u2019t have to have an elevated BAC to be guilty of DUI. The state\u2019s second law, Vehicle Code 23152(a) VC<\/a>, makes it a crime to drive a vehicle when you are under the influence of drugs or alcohol. 23152(a) VC can be used as a catch-all for incidents where drivers have little-to-no alcohol in their systems. <\/p>\n\n\n\n

What Does it Mean to Be Under the Influence?<\/h2>\n\n\n\n

\u201cUnder the influence\u201d is a fairly broad and vague term. It\u2019s also very subjective. This means that whether or not you\u2019re considered to be under the influence is often left to an officer\u2019s discretion. However, there are some guidelines to establish when a driver is under the influence in violation of 23152(a) VC.
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A driver is under the influence<\/a> when, after consuming drugs or alcohol, their \u201cphysical and mental abilities are impaired to such a degree that [they] no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.\u201d
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In other words, you can be considered to be under the influence if you are unable to exercise the physical and mental tasks that are necessary to drive safely. You have to be able to drive just as safely as someone with no drugs or alcohol in their system. If you can\u2019t, you can be guilty of DUI. <\/p>\n\n\n\n

How is Intoxication Determined?<\/h2>\n\n\n\n

How does an officer decide that a driver isn\u2019t capable of driving as safely as someone who is sober? It all comes down to the circumstantial evidence. Circumstantial evidence, on its own, doesn\u2019t necessarily prove that a driver is under the influence. However, the several pieces of circumstantial evidence, when considered together, can be used to infer that a driver is unlawfully under the influence of drugs or alcohol.
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Many pieces of circumstantial evidence can be used to create a presumption that a driver is under the influence. Examples include:<\/p>\n\n\n\n