In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. In California it is called driving under the influence and it is unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if the driver is unable to safely operate the vehicle due to impairment by the effects of alcohol, illegal drugs, prescribed medication, or over the counter medication. Driving under the influence means one of two things in California. You are considered under the influence if your Blood Alcohol Content (BAC) is .08 or greater or if you have exhibited impaired driving, such as swerving. A person with a BAC of .06 can still be found guilty of Driving Under the Influence if they are shown to have been driving while impaired.

Field Sobriety and Chemical Tests

When a police agency makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety test" on the driver.

Field sobriety tests usually involve the driver being asked to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.

DUI Convictions: Criminal Penalties

If the officer confirms his belief that the driver is under the influence he will then ask the driver to take a "Preliminary Alcohol Screening" or a PAS, otherwise known as a breathalyzer. This gives the officer an indication of the driver's blood alcohol content. If the driver is then arrested for Driving Under the Influence he or she will be transported to a county facility, usually a jail, where another breathalyzer or blood test will be performed to confirm the drivers blood alcohol level.

Some people believe that if they refuse to take a blood or breathalyzer test, they cannot be prosecuted for driving under the influence. In part that may be true; they cannot be convicted of having a blood alcohol level greater than .08, however they can still be found guilty of impaired driving. Even worse, a refusal to cooperate will cost them their license for at least one year in California. A driver's license is a privilege, not a "right". A DUI conviction may carry criminal penalties including fines, jail time, probation, and the loss of driving privileges for several months to several years. A DUI charge remains on a driving record for up to 10 years. Each subsequent conviction carries harsher penalties.

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