California has two
basic drunk driving laws, found in Vehicle Code sections 23152(a) and
23152(b).
- 23152(a)
It is a misdemeanor to drive under the influence of alcohol and/or
drugs
- 23152(b)
It is a misdemeanor to drive with .08% or more of alcohol in your
blood.
Note: In most
cases, both the 23152(a) and (b) offenses will be charged. Even though
there is only one act, the law says that a defendant can be convicted
of BOTH offenses -- but can only be punished for one (the punishments
are identical). Vehicle Code section 23153 sets forth the "felony
DUI" provisions where an injury results from the drunk driving, while
Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter"
where there is a death.
For further information,
visit the following sites:
AAA
Guide to California's DUI Laws
A good overview of the state's criminal and license supension laws,
from the Automobile Club of Southern California.
CHP
summary of DUI laws
Another brief but fairly accurate overview of California's drunk driving
criminal and license suspension provisions.
Legal
FAQs
Answers to the 20 questions most frequently asked by those arrested
for DUI, from the attorney who wrote the legal textbook "Drunk Driving
Defense, 5th edition".
California
Vehicle Code
The main Vehicle Code sections which apply to misdemeanor drunk driving
cases, along with explanations of their legal terms.
California's
DUI vehicle impound laws
How to get your car back if it is impounded as the result of a DUI arrest
-- either of yourself or of another.
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