California DUI Laws

DUI – DRIVING UNDER THE INFLUENCE:

Vehicle Code Section 23152(a) - DUI. It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

Vehicle Code Section 23152(b) - Driving with BAC of .08% or more.

It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

Vehicle Code Section 23152(c) - DUI Drug addiction

It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

Vehicle Code Section 23152(d) - DUI Commercial Vehicle

It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

Vehicle Code Section 23152(e) - DUI Drug Impairment

It is unlawful for a person who is under the influence of any drug to drive a vehicle.

Vehicle Code Section 23152(f) - DUI Combined Influence of Alcohol and Drug

It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Different Offenses:

Driving with a blood-alcohol content of 0.08 percent or more is not the same offense as driving while under the influence of alcohol or a combination of alcohol and drugs.

A driver with a blood-alcohol content of 0.08 percent or more violates Vehicle Code 23152(b), even when he or she has the ability to drive a vehicle with the caution that is characteristic of a sober person.  The question here is "what was the blood alcohol concentration at the time of driving?

DUI Causing Bodily Injury:

Vehicle Code 23153(a) - DUI with bodily injury:

It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.  This charge can be charged as a Felony.

Vehicle Code 23153(b) - Driving with BAC .08 % or more causing injury:

It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

Vehicle Code 23153(c) - Neglecting a duty:

In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.

Vehicle Code 23153(d) - DUI in commercial vehicle causing injury:

It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.

Vehicle Code 23153(e) - DUI Drug in commercial vehicle causing injury:

It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Vehicle Code 23153(e) - DUI combined influence alcohol and drug in commercial vehicle causing injury:

It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Additional Enhancements:

In addition to the above offenses, penalty enhancements can be charged against a person who also refuses to submit to a chemical test, who was driving at an excessive speed, who at the time of the arrest had a passenger in the vehicle under the age of 14, or who has an excessive blood alcohol concentration.