California DUI Law
A Quick Overview of CA DUI-DWI Laws
Misdemeanor DUI
California has two basic drunk driving laws, found in Vehicle Code 23152 (a) and (b):- VC 23152(a) - Driving under the influence of alcohol and/or drugs.
- VC 23152(b) - Driving with .08% or more of alcohol in your blood.
In most California drunk driving cases, both offenses will be charged. But while a defendant can be convicted of both, he or she can only be punished for one (the punishments are identical).
Felony DUI
Vehicle Code 23153 sets forth the "felony DUI" provisions, where an injury has resulted from the drunk driving.Vehicular Manslaughter
Penal Code sections 191.5 & 192 describe the crime of "vehicular manslaughter," where a death has resulted from the drunk driving.Your Rights
It is important to be aware of the legal rights you have — rights that are often ignored by the police:- There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
- You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
- Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
- 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 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 defense attorney.
For more information, visit the following sites:
California DUI Law
Verbatim presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152.
DUI FAQs
Answers to the most frequently asked regarding DUI, from California’s pre-eminent DUI Defense attorney.
AAA Guide to California's DUI Laws
An overview of California's DUI laws and drinking and driving issues from the Automobile Club of Southern California.
California's DUI Vehicle Impound Laws
How to get your car back if it is impounded after a DUI arrest.
