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Published on Wednesday, October 08, 2008
By LA Daily News Staff Writer
California has some of the strictest laws for driving under the influence of alcohol. In order to decide what to do if you are arrested for DUI, you need to understand the basics of the law. Vehicle Code Section 23152(a) makes it illegal to drive "under the influence," while Section 23152(b) makes it illegal to drive with a blood-alcohol level of 0.08 percent or greater.
"Under the influence" is defined as a state in which your ability to drive is impaired. It's a judgment call made by the peace officer.
Once the peace officer has determined you were driving under the influence, you will be taken into custody and asked to take a breath, blood or urine test.
When you drive in California, you have given your "implied consent" to take a blood, breath or urine test. Your refusal will be met with an automatic one-year suspension of your license, or longer if you had been convicted of one within the previous 10 years
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