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California Drunk Driving: The Offense

California Drunk Driving: The Offense

To begin with, the term “drunk driving” is legally incorrect. “Drunk” is a concept used for the offense commonly known as “public intoxication” or “drunk in public”, a violation of California Penal Code section 647(f). The offense consists of being in a public place under the influence of alcohol or drugs to the extent that a person “is unable to exercise care for his or her own safety or the safety of others”. Driving is not involved, and the degree of intoxication is considerably greater than that prohibited by “drunk driving” statutes.

The correct term is “driving under the influence“, commonly referred to as DUI, and this can be from alcohol, marijuana or drugs, or a combination of these. The drugs do not have to be illegal; prescribed drugs are included. The offenses are defined in California Vehicle Code section 23152:

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle…
(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

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    I cannot express enough gratitude towards Taylor and Taylor's Attorney, Jeanne Normandeau. I hired Mrs. Normandeau for a VERY messy DUI case. Not only did she approach it with the utmost professionalism, but also displayed a level of empathy that is unmatched in this profession.

    Mrs. Normandeau is by far the hardest-working and most diligent attorney I have ever met. She could be reached if I ever needed to get ahold of her, whether it be email, call, or text. Not only was she available but was willing to talk about any questions I had or work through any legal issues. Mrs. Normandeau's unrelenting work, extensive preparation, and tireless advocacy were instrumental in successfully dismissing my case.

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    You should never drink and drive anywhere, but especially don't do it in la Jolla! Cops down here have nothing better to do then make your life miserable. It is also a college town which adds assault to injury. I should take my own advice because I was recently arrested for a DUI down in La Jolla. A friend of mine referred me to Mr. Taylor's office and I am extremely glad I got into contact with them. I hardly blew over the legal limit and did perfectly fine on the sobriety tests but still was arrested. Thankfully Mr. Taylor was able to help fight my case without me ever having to go to court and I was able to have the charges dropped. Extremely professional law firm with the experience to get you the results you want.

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    Im am so glad that I read the reviews of Taylor and Taylor after my first "incident" and immediately contacted them.  Chris was great at calming my nerves as this was my 1st offense and at a .06 it was right on the line on a trial or pleading it out.  Chris not only got me down to a Wet Reckless but was able to significantly reduce the penalties I would face.  His whole office staff was also very helpful and he returned my calls when I had questions if not the same day, the next. I plan on having my record expunged and will be going back to him for that.  He attended all DMV and court hearings on my behalf which took A LOT of stress off me.  I strongly recommend him.

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    I received counsel in a sensitive legal matter from Lawrence Taylor Sr., and his advice was spot on. I did some research and I also know that the senior Mr. Taylor is in the top echelon in his field. He has written text books on DUI and he has taught the topic in law school.  I would recommend this firm with no qualms!

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    When you need to get a lawyer, you aren't usually in a great situation. I wasn't at least.  Christopher and his team never made me feel ashamed, they just help me get through a situation where sh*t happens. Christopher always made me aware of what was going on with my hearings, and got me the best outcome possible. He made things easy to understand, helped with the paperwork, and I while I *hope* to not have to seek his services again, I would highly recommend him and his team for anyone needing a lawyer!

    Jessica S.

What Legally Constitutes “Under The Influence”? 

The term is generally described as being impaired to the extent that the person is unable to exercise the same care and judgment as a reasonable prudent and sober driver. This is necessarily vague, and is usually proven by such evidence as police evidence concerning erratic driving, physical symptoms (slurred speech, poor balance and coordination, etc. and field sobriety tests. In trial, however, the defendant is legally presumed to be under the influence if a blood or breath test taken within 3 hours of driving indicates a blood-alcohol level (BAC) of .08% or higher; he may offer evidence to rebut this presumption.

A second and related offense is the so-called per se law. This offense consists simply of driving with a blood-alcohol level of .08% or greater. Being impaired or intoxicated is unnecessary and individual tolerance to alcohol is irrelevant: the offense consists solely of having the BAC concentration and driving. The offense is described in California Vehicle Code section 23152(b):

“It is unlawful for any person who has a 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle”

If the arrested individual takes a blood, breath or urine test indicating .08% BAC or higher, he will be charged with both offenses. Although he can be convicted of both, he cannot be punished for both (the penalties are identical). If there is no evidence of blood-alcohol, her will only be charged with DUI.

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