California Vehicle Code DUI

California Vehicle Code DUI

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1. Vehicle Code § 23152(a) - DUI of Alcohol

• Explanation: It is unlawful for any person to drive under the influence of alcohol. This section applies when a driver is impaired by alcohol, regardless of their blood alcohol concentration (BAC). Impairment is determined by whether the driver’s ability to operate the vehicle is diminished by alcohol consumption.

2. Vehicle Code § 23152(b) - DUI with BAC of 0.08% or Higher

• Explanation: This law specifically prohibits driving with a BAC of 0.08% or higher. It doesn't matter if the driver feels impaired; if their BAC exceeds this legal limit, they are considered to be driving under the influence of alcohol.

3. Vehicle Code § 23152(f) - DUI of Drugs

• Explanation: Driving under the influence of any drugs, including prescription medications, illegal substances, or over-the-counter drugs that impair your ability to drive safely, is illegal. This section focuses on impairment due to drugs rather than alcohol.

4. Vehicle Code § 23152(g) - Combined Influence of Alcohol and Drugs

• Explanation: This section addresses driving under the combined influence of both alcohol and drugs. A person can be charged if their impairment is caused by a combination of substances, even if neither alcohol nor drugs alone would cause impairment.

5. Vehicle Code § 23153(a) - DUI Causing Injury

• Explanation: This code section makes it a more serious offense to drive under the influence of alcohol or drugs and cause bodily injury to another person. This is treated as a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony depending on the severity of the injuries and other circumstances.

6. Vehicle Code § 23153(b) - DUI with BAC of 0.08% or Higher Causing Injury

• Explanation: Similar to § 23153(a), but specifically for cases where the driver's BAC is 0.08% or higher and they cause injury to another person. This can result in more severe penalties, including longer jail time and higher fines.

7. Vehicle Code § 23572 - DUI with Child Passenger (Enhancement)

• Explanation: If someone is convicted of DUI while having a minor (under the age of 14) in the vehicle, this section imposes additional DUI penalties. The DUI Punishment with a child passenger is enhanced beyond standard DUI penalties, with extra jail time.

8. Vehicle Code § 23612 - Implied Consent Law

• Explanation: This law states that by driving a vehicle in California, you automatically consent to chemical testing (blood, breath, or urine) if lawfully arrested for DUI. Refusing to submit to a test results in additional penalties, including license suspension and longer DUI programs.

9. Vehicle Code § 23136 - Zero Tolerance Law for Drivers Under 21

• Explanation: This law sets a strict zero-tolerance policy for drivers under 21 who are caught with a BAC of 0.01% or higher. Any detectable alcohol in their system results in penalties, including suspension of driving privileges.

10. Vehicle Code § 23578 - DUI with a High BAC (Enhancement)

• Explanation: This section enhances the penalties for drivers convicted of DUI with a particularly high BAC (0.15% or higher). This may result in additional jail time, mandatory installation of an ignition interlock device (IID), and longer alcohol education programs.

11. Vehicle Code § 14601.2 - Driving on a Suspended License Due to DUI

• Explanation: It is illegal to drive with a license that has been suspended or revoked due to a DUI conviction. If caught, penalties include additional fines, jail time, and an extended suspension period.

12. Vehicle Code § 23222 - Open Container Law

• Explanation: This law prohibits the possession of an open container of alcohol or marijuana while driving. Although not specifically a DUI law, it is often associated with DUI stops and may result in an infraction or enhancement to a DUI charge if violations are discovered during the stop.

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