“Alcoholic Beverage” by Darren Kavinoky

Back

“Alcoholic Beverage”
by Darren Kavinoky

“Alcoholic Beverage”
In order to be convicted of a California DUI or drunk driving (driving while impaired by alcohol, or under the influence of alcohol), it must be proven beyond a reasonable doubt that the person was under the influence of an alcoholic beverage, which caused the driver to either drive without due caution or it is proven the driver’s blood alcohol content (BAC) was at or above .08%. Where a driver’s blood or breath alcohol content exceeds the legal limit, it is considered a violation of the “per se” law.
Under the first type of California DUI theory, the focus is on the impairment (or lack of impairment) of the driver. Under the second type of California DUI theory, the focus is on the alcohol level, regardless of whether or not the driver is impaired. A DUI conviction can be obtained on either (or both) of these theories; it is essentially two bites at the same apple for California DUI prosecutors.
For purposes of California DUI laws,

Author's Biography:

Posted on: June 9,2006

Email: dsm4life1@juno.com
Website: http://www.nocuffs.com