What is the Law Regarding DUI?

Driving under the influence in California is commonly referred to as DUI, as opposed to DWI in other states. California has two drunk driving statutes that are charged at the same time:

1. It is a crime in California to Drive "Under the Influence" of alcohol or drugs (legal or illegal). California Vehicle Code 23152 (a).

2. It is a crime in California to Drive with an alcohol level at .08 "BAC" or above . California Vehicle Code 23152(b).

Violation of 232152 a) or b) is a misdemeanor crime . A misdemeanor driving under the influence charges means that the charge involved no injury or property damage and the penalty is up to 12 months in County jail. Minimum with probation is 48 hours in "jail" (alternative work programs may be available).

VC 23152 (a): “Driving Under The Influence” states as follows:

(a). It is unlawful for any person who is under the influence of an intoxicating beverage, or under the combined influence of an alcoholic beverage or drug to drive a vehicle.

Definition: "under the influence" of alcohol:
A person is under the influence of intoxicating liquor when, as a result of drinking such liquor, his physical and mental abilities are impaired so that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

Alcohol or drug influenced driving
"Under the Influence" - Defined in Jury Instructions CALJIC 16.831:

A person is [under the influence of an alcoholic beverage, under the influence of a drug, or under the combined influence of an alcoholic beverage and a drug] when as a result of [drinking such alcoholic beverage, using a drug] his or her physical or mental abilities are impaired to such a degree that he or she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

If it is established that a person is driving a vehicle [under the influence of an alcoholic beverage, under the influence of a drug, or under the combined influence of an alcoholic beverage and a drug], it is no defense that there was some other cause which also tended to impair his or her ability to drive with the required caution.

DUI-driving under the influence Misdemeanor
(legal-CALJIC 16.830):

[Defendant is accused [in Count[s] _____] of having violated section 23152, subdivision [(a)(c)] of the Vehicle Code, a misdemeanor.]

Any person who, while [under the influence of any alcoholic beverage, under the influence of any drug, or under the combined influence of any alcoholic beverage and drug or addicted to the use of any drug], drives a vehicle is guilty of a violation of Vehicle Code section 23152, subdivision [(a)(c)], a misdemeanor.

[The term "drug," as used in this instruction, means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his or her ability to drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of his or her faculties, using reasonable care, would drive a similar vehicle under like conditions.]

VC 23152 subsection (b) states as follows:
(b) It is unlawful for any person who has a .08 percent or more by weight to drive a vehicle.

DUI-driving with 0.08 percent alcohol
(legal-CALJIC 16.830.1):

[Defendant is accused [in Count[s] _____] of having violated section 23152, subdivision (b) of the Vehicle Code, a misdemeanor. Every person who drives a vehicle with 0.08 percent or more, by weight, of alcohol in his or her blood is guilty of a violation of Vehicle Code Section 23152, subdivision (b), a misdemeanor.

In order to prove this crime, each of the following elements must be proved:

1. A person drove a vehicle; and
2. At the time, the driver had 0.08 percent or more, by weight, of alcohol in his or her blood.

Legal presumptions about levels of alcohol in the blood are stated in presumptions about under the influence stated in another law, VC 23155.VEHICLE CODE SECTION 23152-23229.1 : 25291 bytes.

• Misdemeanor (non-injury) Drunk Driving (begin with section 23152)
• Felony (injury plus) Drunk Driving (begin with section 23153)
• Drunk Driving Punishment (begin with section number 23536)
• Blood and Breath Tests & Consequences of Refusals
• Driving on a Suspended License (begin with section 14601 or 14601.2)
• How a DUI conviction can affect your life in California