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CaliforniaDrunkDriving.org: California DUI legal guide: DUI laws and penalties, DUI lawyers and attorneys, DMV license suspensions and other drunk driving information
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California DUI Information
California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (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 charged with drinking and driving 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.
Procedurally, you should be aware of certain legal rights you have — rights which are commonly 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 further information, visit the following sites:
California DUI Laws and Procedures
Helpful legal information from an 8-attorney California law firm practicing DUI defense exclusively.
Basic DUI Law
Verbatum presentation of the basic misdemeanor DUI law, California Vehicle Code sections 23152.
DUI 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”.
DUI-Related Statutes
A broader range of California laws applying to drunk driving cases — misdemeanor, felony, prior convictions, etc.
AAA Guide to California’s DUI Laws [cached version]
A good overview of the state’s criminal and license supension laws, from the Automobile Club of Southern California.
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.
California Vehicle Code
Verbatum collection of sections of the Code which apply to drunk driving criminal and license suspension cases.
U.S. Supreme Court
Collection of the most significant decisions from the Court which have effected drunk driving cases; the opinions are presented in their entirety.
California DUI: A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups seeking the passage of unfair laws, the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of “automatic” license suspensions. See also “Responsibility in DUI Laws, Inc.“, an organization dedicated to reforming harsh and misdirected DUI laws.