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Call for a FREE Adult DUI Offense Consultation
in Orange County
Daniel C. Grupenhagen Attorney at Law
1901 Newport Boulevard, Suite 350
Costa Mesa, CA 92627
949-999-2028
949-999-2031 fax |
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we Serve the following cities in Orange County,
California
Anaheim, Aliso Viejo, Balboa, Brea, Buena Park, Corona Del Mar,
Costa Mesa, Coto De Caza, Cypress, Cerritos, Dana Point, Foothill,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine,
La Habra, La Palma, Los Alamitos, Laguna Beach, Laguna Hills, Laguna
Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo,
Midway City, Newport Beach, Orange, Placentia, Rancho Santa Margarita,
San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton,
Sunset Beach, Tustin, Trabuco Canyon, Villa Park, Westminster,
Yorba Linda |
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Over 21 (Non-Injury) Adult DUI Statutes in Orange County
California Vehicle Code§ 23152 (a)
Driving under the Influence
a. It is unlawful for any person who is under the influence of any alcoholic
beverage or drug, or under the combined influence of any alcoholic beverage
and drug, to drive a motor vehicle.
California Criminal Jury Instruction (DUI Trial Lawyers Only)
In order to gain a conviction under this DUI statute, a prosecutor must prove
all elements of this crime. Those elements are located in the California
Jury Instruction for Criminal cases (CALJIC) section 16.830 and are as follows:
1. A person drove a vehicle, and
2. At the time, the driver was under the influence of any alcoholic beverage
or any drug or under the combined influence of any alcoholic beverage and drug
Under the influence is further defined in CALJIC 16.831. A person
is under the influence of an alcoholic beverage under the influence
of a drug or under the combined influence of an alcoholic beverage
and a drug when as a result of drinking such alcoholic beverage
and using a drug his/her physical or mental abilities are impaired
to such a degree that he/she no longer has the ability to drive
a vehicle with the caution characteristic of a sober person of
ordinary prudence under the same or similar circumstances. If
it is established that person is driving a motor vehicle under
the influence of an alcoholic beverage under the influence of
a drug or under the combined influence of an alcoholic beverage
and a drug, it is no defense that there was some other cause
which also tended to impair his/her ability to drive with the
required caution.
In California, another jury instruction relating to under the
influence is the condition of the driver further defined and
located in CALJIC 16.832. The manner in which a vehicle is being
driven is not sufficient in itself to establish that the driver
of the vehicle either is or is not under the influence of an
alcoholic beverage under the influence of a drug or under the
combined influence of an alcoholic beverage and a drug. However,
the manner in which the vehicle is being driven is a factor to
be considered in light of all the proved surrounding circumstances
in deciding whether the person operating the vehicle was or was
not under the influence of an alcoholic beverage under the influence
of a drug or under the combined influence of an alcoholic beverage
and a drug.
California Vehicle Code§ 23152 (b)
Driving with Prohibited Blood Alcohol Concentration
b. It is unlawful for any person who has .08 percent or more,
by weight, of alcohol in his or her blood to drive a vehicle.
California Criminal Jury Instruction (DUI Trial Lawyers Only)
In order to gain a conviction under this DUI statute, a prosecutor must prove
all elements of this crime. Those elements are located in the California
Jury Instruction for Criminal cases (CALJIC) section 16.830.1 and are as
follows:
1. A person drove a vehicle, and
2. At the time, the driver had .08 percent or more, by weight, of alcohol in
his/her blood.
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