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California
Vehicle Code | DUI
California
has two basic fundamental driving laws, found
in Vehicle Code sections 23152(a) and 23152(b):
23152(a) states that “It is a misdemeanor
to drive under the influence of alcohol and/or
drugs;” and 23152(b) states that “It
is a misdemeanor to drive with .08% or more of
alcohol in your blood.”
Under California law, California Vehicle Code
Sections 23152 and 23153, the following regulations
apply:
- It is a crime for anyone with a blood alcohol
level of .08 percent or higher to operate a
motor vehicle on a public roadway.
- If you are under the age of 21, it is a crime
to operate a motor vehicle on a public roadway
with a blood alcohol level of over .01. This
means that even one drink may put you over the
legal limit.
- It is a crime to drink any alcoholic beverage
in a motor vehicle upon a public roadway.
- It is a crime to have an opened container
holding any amount of alcoholic beverage in
a motor vehicle on a roadway unless the container
is kept out of the immediate control of the
occupants.
- Anyone arrested for driving under the influence
must submit to a chemical test (blood, breath,
or urine) to determine the alcohol content of
the blood. Failure to complete or refusal to
take the test will result in suspension of the
driver's license for one year.
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Consequences of Driving Under the Influence (DUI)
include:
- A DUI conviction is a permanent part of an
offender’s driving record.
- The offender may lose work time.
- The offender will be required to complete
an alcohol and drug evaluation and an alcohol/drug
remedial education course or substance abuse
treatment program before his/her driving privileges
are reinstated.
- The offender must meet the requirements of
the Secretary of State’s Department of
Administrative Hearings prior to obtaining a
restricted driving permit.
- The offender’s vehicle may be impounded
or seized.
- A Breath Alcohol Ignition Interlock Device
(BAIID) may be installed in the offender’s
vehicle as a condition of driving relief.
- The offender will be subject to high-risk
auto insurance rates.
- The DUI criminal charge is prosecuted and
adjudicated in the courts. This charge is separate
from the statutory summary suspension, which
is an administrative process.
- A person convicted of DUI who lost his/her
driving privileges because of a summary suspension
will have that time credited to the minimum
driver's license revocation period.
- Full driving privileges are lost for a minimum
of five years if a driver receives a second
conviction for any of the following: DUI; leaving
the scene of a personal injury or fatal crash;
reckless homicide, or any combination of these
offenses in a 20-year period. If a driver receives
a third conviction for any of these offenses,
regardless of the length of time between convictions,
full driving privileges will be lost for a minimum
of 10 years. If a driver receives a fourth or
subsequent conviction, his/her license will
be revoked permanently. If a driver is convicted
of DUI in another state, your state of residence
driving privileges will be revoked.
DUI Lawyers