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Stay Out of the Heat and a DUI Charge in San Diego

deck chairs on a beachWith the anticipated summer months finally upon us, many Arizonians travel to Southern California to escape the heat. A majority of you will enjoy alcohol as you spend time relaxing. It’s key to consider all aspects of your activities when it comes to continuing the fun and relaxation. Take into account some of the following information as you enjoy the sun, beach and your summer getaways.

California DUI Laws
While we will touch on public and beach laws, it is also important to understand California DUI law as many of you will commute to and from the
beach. California vehicle code 23152(a) defines a DUI in the following way:

“It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” 

California law continues to explain in vehicle code 23152(b) the following:

“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”

California’s legal limit is identical to Arizona’s at 0.08 percent. California does differ in terms of zero tolerance laws, however. California’s zero tolerance BAC level is .02 and just higher than Arizona’s at .00. Understanding these legal limits should reinforce your commitment to a safer vacation—especially while driving; never drink and drive.

Public Intoxication Laws
Another aspect to consider while you enjoy your downtime is the risk of public intoxication. Penal code 647(f) defines and outlines public intoxication as follows:

“Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”

Such a crime can be embarrassing and ruin a vacation. Avoid this situation by drinking responsibly while out or before going out to a planned activity. Even in the company of friends and family, which can feel private and intimate, you could be arrested and charged.

Some locations that are “public” are the following:

  • beaches
  • piers
  • public parking lots
  • parks
  • sidewalks
  • hotel and apartment hallways/lobbies
  • a car parked in a public street and in front of another individual’s house, driveway, lawn, or porch

Maintain your safety and the safety of others by drinking responsibly while you are out in public. Schedule and regulate your drinking to be safe and free of any legal action. Your time in California will be more enjoyable as you commit to drinking responsibly.

Enjoy California
While you enjoy California and all it has to offer–beaches, sightseeing, and great weather–remember to plan and be responsible with your drinking. Drinking and driving in addition to public intoxication is never an option.

This blog post was provided by The Law Offices of Bradley Corbett. Bradley Corbett serves the San Diego, California area and specializes in criminal defense, DUI, and domestic violence cases.

 

 

 

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