California Vehicle Code Section 23152(a)

This count is typically a surprise to most people, who are familiar with the concept of a DUI involving a legal limit of .08%. However, under the (a) count to a Ventura County DUI, the law states:

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 vehicle.

The law further states that in a Ventura County DUI, a person is driving under the influence when as a result of drinking such alcoholic beverage and/or using a drug, his or her physical or mental abilities are impaired to such a degree that he or 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 under the influence of an alcoholic beverage, drug, or some combination thereof, it is no defense that there was some other cause which also tended to impair his/her ability to drive with the required caution.

There are typically 3 ways that the prosecution will attempt to establish the (a) count against you in a Ventura County DUI. First, they will attempt to use the driving pattern against you. Please click here for a description of the types of driving patterns involved in most Ventura County DUI arrests. Second, the prosecution will attempt to use your performance on the Field Sobriety Tests, or FSTs, to establish the (a) count against you in a Ventura County DUI prosecution. Having an attorney who has been certified by the Ventura County Sheriff in Standardized Field Sobriety Tests is an enormous asset in attacking the prosecution’s attempt to use your performance on the FSTs against you. Third, the prosecution will argue that if your alcohol level is above a .08%, then you are impaired for purposes of the (a) count in a Ventura County DUI. Unfortunately, because Ventura County is the strictest county in the nation on DUIs, the District Attorney’s Office frequently charges people with DUI even when their alcohol level is below a .08%. An experienced, local, Ventura County DUI attorney can help you fight for your rights in these cases.