It’s important for anyone who has been involved in a DUI incident to know the basic laws about DUI in California. Here is a brief overview of California DUI laws. For more information or to speak about your case, contact DUI lawyer in Los Angeles, Jon Artz.
A Brief Overview of CA DUI Laws
California has two basic drunk driving laws, found in Vehicle Code 23152 (a) and (b):
- VC 23152(a) – Driving under the influence of alcohol.
- VC 23152(b) – Driving with .08% or more of alcohol in your blood.
In most California drunk driving cases, both offenses will be charged.
Vehicle Code 23153 sets forth the “felony DUI” provisions, where an injury has resulted from the drunk driving (or when there are three prior DUI convictions).
Penal Code sections 191.5 & 192 describe the crime of “vehicular manslaughter,” where a death has resulted from the drunk driving.
It is important to be aware of the legal rights you have — rights that are often ignored by the police. Knowing your rights may help you avoid the need for a DUI Lawyer in Los Angeles:
- There must be legally sufficient facts to constitute “probable cause” to stop, detain, and arrest you.
- Submission to field sobriety testing and portable field breath testing is not required by law.
- You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the “implied consent” advisement).
- If you refuse, and the police require a blood test and force you into it, if there is no search warrant, the chemical test results are not admissible as evidence.
- If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your Los Angeles DUI lawyer.
For more information, visit the following sites:
California DUI Law – Verbatim presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152.
California’s DUI Vehicle Impound Laws – How to get your car back if it is impounded after a DUI arrest.