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Not all DUI charges in California are the same. Depending on the circumstances, a person may face different DUI-related charges involving alcohol, drugs, or a combination of both. In some cases, additional charges may apply if a collision results in injury or death.
DUI Based on Impairment
One of the most common DUI offenses is driving under the influence, which is generally charged under California Vehicle Code section 23152(a).
This charge alleges that a person operated a motor vehicle while under the influence of alcohol, drugs, or both to the extent that they could no longer drive with the same level of care and caution as an ordinarily sober person under similar circumstances.
DUI Based on Blood Alcohol Concentration
California also has a separate DUI offense based on blood alcohol concentration (BAC).
A driver may be charged under California Vehicle Code section 23152(b) if they operate a vehicle with a BAC of 0.08% or higher. Unlike an impairment-based DUI, this offense focuses on the driver's BAC as defined by California law.
DUI Involving Drugs or Medications
A DUI charge is not limited to alcohol.
A person may also face DUI charges if they are impaired by:
- Illegal drugs
- Prescription medications
- Over-the-counter medications
- A combination of alcohol and drugs or medications
Whether a medication is prescribed or legally obtained does not automatically prevent DUI charges if it affects a person's ability to safely operate a motor vehicle.
DUI Causing Injury or Death
More serious charges may apply when an impaired driver is involved in a collision that results in injury or death.
DUI offenses involving injury or a fatality carry significantly greater legal consequences than a standard DUI charge.
The specific charges and penalties depend on the facts of the case, the applicable California statutes, and the circumstances surrounding the incident.
Every DUI Case Is Different
The exact charge filed in a DUI case depends on several factors, including:
- Whether alcohol, drugs, or both were involved
- The driver's blood alcohol concentration
- Whether impairment can be established
- Whether anyone was injured
- Whether a fatality occurred
Because DUI cases are fact-specific, understanding the allegations and the applicable law is an important part of preparing a defense.
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