Quote:
Originally Posted by bernisebien
After being pulled over for erratic driving and then failing 3 field sobriety tests, Harold Davidson, 61 was taken into custody for a DUI. At the county jail, however, new BAC tests showed his alcohol level to be below the legal limit. He was found not guilty of a DWI, but guilty of driving while impaired. Sentencing will be at a later date. Operating While Intoxicated is the charge usually authorized by the prosecuting official. This is an important distinction because the penalties,while still severe, are less than OWI and a skilled defense attorney will know best how to argue for a reduction. |
DUI is not alcohol only. You can be DUI after ingesting narcotics, legal or not, over the counter medicines (Nyquil) etc. In Ca, out in the field you are only charged with Driving under the influence of any alcoholic beverage or drug 23152(a)CVC. Once back at the station, if you have greater than .08 BAC then the suspect is charged with an additional section, 23152(b)CVC (>.08 BAC).