California's DUI Laws
Section 23152(a) and (b) of the California Vehicle Code are the two laws that the state has on drunken driving.
- Section 23152(a) states that operating a motor vehicle under the influence of drugs/ and/or alcohol is regarded as a misdemeanor.
- Section 23152(b) states that a misdemeanor also takes place when a driver has a blood-alcohol content that is at or exceeds .08%.
Note: In the majority of drunken driving cases, both offenses will be charged against the suspect. The single drunk driving event can result in a conviction of both charges. Since the penalties are identical, the individual would only be required to adhere to one set of penalties. Should there be an injury to other individuals as a result of the suspect’s DUI, Vehicle Code Section 23153 explains a felony DUI and the resulting penalties. In addition, Penal Code sections 191.5 and 192 explain procedures and penalties in the event of a vehicular manslaughter (the occurrence of an accidental death).
For further information, visit the following sites:
AAA Guide to California’s DUI Laws
This guide offers a brief yet detailed look at California’s criminal laws and license suspension process. The guide was developed by the Automobile Club of Southern California.
DUI-Related Statutes
A broader range of California laws applying to drunk driving cases — misdemeanor, felony, prior convictions, etc.
Drunk Driving Laws
Verbatum collection of sections of the California Vehicle Code which apply to drunk driving criminal and license suspension cases.