DUI Laws In The State Of California

Driving a vehicle under the influence of alcohol or drugs constitutes the offense of DUI. Driving a motor vehicle becomes illegal in California whenever your intoxicated state affects your driving skills to a dangerous extent that endangers you and other road users.

California DUI laws that provide for drugs and alcohol classify drugs into three categories: illegal substances, prescription medicines, and particular over-the-counter (OTC) medications that affect driving ability. California has established blood alcohol content (BAC) guidelines for determining if a person drives under the influence. Upon breaking these laws, you face penalties like heavy fines, potential jail time, and loss of driving privileges.

California law allows you to defend your charges. You should seek the help of an experienced criminal attorney. At Pasadena Criminal Attorney, we have experienced attorneys who review clients’ DUI charges and build solid defenses, and we are ready to help if you are facing DUI charges.

Driving Under the Influence (DUI) Laws

Several elements determine what charges will apply to your DUI offense. These include:

1. Your chemical intoxication status at the time of arrest

2. Your age

3. Your situation becomes more severe if you exceed the allowed BAC limit

4. If you hold a commercial driver’s license

Below are DUI laws that provide for the issues above and the sentencing the court could prefer if it finds you guilty.

Driving Under the Influence of Alcohol

The operation of a vehicle by individuals under alcohol influence violates Vehicle Code 23152(a). The law states you can face a DUI offense charge if alcohol impairs your physical and mental abilities to drive safely. Under Vehicle Code 23152(a), prosecutors examine alcohol-caused impairment as their key element instead of following specific BAC thresholds. You risk facing charges even when your BAC stays below 0.08% because the legal system will consider your signs or symptoms of being intoxicated.

Each traffic law puts road safety above all else. Your driving ability must remain safe according to legal standards under Vehicle Code 23152(a), or you could face penalties. When prosecuting DUI cases, prosecutors use multiple methods to demonstrate driver impairment, including:

1. Expert testimony. Prosecutors present a scientific analysis of road crash evidence by experts such as toxicologists and forensic specialists combined with test results from chemical tests.

2. Witness testimony. Accounts of passengers or other drivers are admissible in court as evidence.

3. Drug Recognition Experts (DREs). When impairment evaluation is required, prosecutors can use Drug Recognition Experts (DREs) to determine impairment levels. Through standardized procedures, DREs can evaluate indications of drug impairment.

4. Chemical tests. The results from breath, blood, and urine tests help identify a driver's blood alcohol content and any drug substances in their body. The evaluation results from these tests deliver scientific proof of driver impairment.

5. Traffic Police’s observation. During prosecution, the arresting officer's documented observations of a driver's behavior, along with behavioral indicators such as slurred speech, bloodshot eyes, and alcohol odors, can serve as evidence of impairment.

6. Field Sobriety Tests (FSTs). Law enforcement officers perform Field Sobriety Tests (FSTs) at the scene to evaluate drivers through physical and mental tests. The tests require drivers to walk along a straight line, balance on one foot, or track an officer's finger motions with their eyes. The solution uses the officer's observations and driver performance results from these tests to demonstrate impairment.

Driving With a BAC of or Above 0.08%

In California, Vehicle Code 23152(b) makes it illegal to operate a vehicle when your blood alcohol content measures or exceeds 0.08%. A DUI charge will be filed against you under this section when chemical tests, including breath, blood, or urine tests, show your BAC exceeds the legal limit.

VC 23152(b) requires proof of exact BAC level cutoffs instead of alcohol impairment status. The law sets a definite measurement to determine whether someone operates their vehicle while under the influence.

During DUI prosecutions, the prosecution team uses evidence such as chemical test reports to show your BAC measured above 0.08% when you operated your vehicle. You face charges if your BAC exceeds 0.08 percent, even if you do not show signs of impairment. According to the law, having BAC levels above the set limit indicates you cannot drive safely.

Commercial DUI

Vehicle Code 23152(d) has specific regulations for commercial driver license holders who operate commercial vehicles. It is illegal to operate a commercial vehicle when your blood alcohol level exceeds 0.04 percent.

The law requires commercial drivers to maintain a blood alcohol concentration lower than non-commercial drivers (0.08%). Operators of large trucks, buses, and other commercial vehicles face enhanced standards because commercial driving comes with increased safety obligations.

During commercial DUI prosecutions, prosecutors establish your BAC exceeded 0.04% while operating a commercial vehicle by presenting chemical test results, which can include breath tests, blood tests, and urine tests. A commercial DUI charge becomes valid when your BAC surpasses the legal limit of 0.04%, irrespective of whether you showed any signs suggesting impairment.

Driving While Addicted To Drugs

Vehicle Code 23152(c) prohibits anyone with a drug addiction to operate a vehicle. However, a specific provision grants an exception to this violation. The exception pertains to people who take part in legally approved narcotic treatment programs described in Health and Safety Code 11550.

You are considered a drug addict if you meet the following specific conditions:

1. Your body needs the drug to function correctly, so when you stop taking it, you start experiencing withdrawal symptoms.

2. Your body requires progressively bigger doses of the drug because it has developed tolerance to its effects.

3. Your drug addiction creates emotional dependence, leading to an intense, compulsive need to keep using it.

DUI by Ride-Sharing and Passenger for Hire Drivers

According to Vehicle Code 23152(e), it becomes illegal for anyone to operate a ride-sharing vehicle when their blood alcohol content exceeds 0.04% with a passenger for hire. According to law, a “passenger for hire” refers to someone who pays for transportation service or whose payment is expected before getting into the vehicle.

This definition applies to all transportation users, including cab passengers and ride-sharing services (Uber and Lyft), limo passengers, and similar transportation arrangements.

An allegation under this statute can involve BAC test results from within three hours of driving to create a rebuttable assumption that your BAC reached 0.04% during transportation. The prosecution can establish a driver’s BAC level during the offense using chemical test results conducted within three hours of driving.

A DUI conviction will permanently stop you from driving for Uber or Lyft. The corporations maintain specific guidelines about dealing with drivers with DUI convictions.

According to Uber’s guidelines, a DUI conviction will permanently deactivate driver accounts. Uber permits its drivers to return to the platform following a waiting period and completing specified requirements, including an alcohol education course.

Driving Under the Influence of Drugs (DUID)

Driving under the influence of any drug is prohibited under Section 23152(e) of the California Penal Code. Drugs of any type, including both illegal substances and prescription medications, as well as over-the-counter medicines, can make driving unsafe for you.

Section 23152(e) of the Vehicle Code evaluates impaired driving without establishing drug concentration thresholds. The law targets drivers showing signs of drug influence that make their vehicle operation dangerous. DUID cases have no established legal limit for intoxication.

Law enforcement officials must prove drivers are impaired to build their criminal case. Prosecutors base their case on evidence that follows the same patterns as those described in VEH 23152(a).

Driving Under the Influence of Alcohol and Drugs

Vehicle Code 23152(g) makes it illegal for people to drive their vehicles while under the influence of alcohol and drugs combined. The law acknowledges how dangerous dual alcohol-drug consumption makes someone who operates a car.

Driving with alcohol and drugs in your system creates multiple impairments, which reduce your ability to drive safely. People who drive while impaired face elevated risks of accidents that endanger themselves and others.

DUI Causing Injury

Driving while intoxicated with alcohol or drugs and physically harming a person with your vehicle violates VC 23153.

When someone drives under the influence and causes harm to another person, they face a more severe charge than a basic drunk driving charge. The prosecution must establish the following elements before the court can convict you:

1. You operated a motor vehicle during your arrest.

2. You drove the car while under the influence of drugs or alcohol

3. Your intoxicated driving resulted in someone else’s bodily injury

4. Your impaired driving and the resulting bodily injury to another person have a direct cause-effect relationship. The prosecutor must show that the injuries would never have occurred except for your driving under the influence activities.

Underage DUI

Young drivers who drive under alcohol or drug influence face criminal penalties if arrested and charged. You are subject to prosecution through Vehicle Codes 23136 or 23140. In California, the "Zero Tolerance" law for underage drivers who operate vehicles under alcohol influence is prosecuted under Vehicle Code 23136.

Under this law, it becomes a civil violation for young drivers under 21 to operate vehicles with BAC levels exceeding 0.01%. Any detectable amount of alcohol in an underage driver's body will trigger a DUI charge.

On the contrary, VEH 23140 punishes minors who drive with a BAC of 0.05% or more. This means that even if the driver's BAC is below the legal limit for individuals over 21 (0.08%), they can still face penalties if their BAC is 0.05% or higher.

Watson Murder

The criminal offense known as DUI murder exists under the names "second-degree murder with implied malice" and "Watson murder." The law applies to cases where drivers kill someone by operating vehicles under alcohol or drug influence while acting with reckless indifference toward human life.

The landmark case, People v. Watson, is the origin point for the Watson advisement as documented in a California Supreme Court decision. According to this historic court decision, individuals who have previously received DUI convictions now risk second-degree murder charges after causing fatal accidents during impaired driving situations.

The Watson advisement functions as a warning system for people convicted of DUI offenses throughout California. During sentencing, the court informs defendants about potential legal repercussions they will encounter for any future DUI deaths caused by their actions.

People who already have one DUI conviction could face second-degree murder charges when involved in fatal DUI accidents because California has an implied malice theory. Under this legal principle, people who drive drunk yet fully understand the potential risks face criminal prosecution for death-causing accidents.

Penalties and Sentencing for DUI Offenses

Punishment for Violating California PC 23152

The potential punishments for breaking VC 23152 depend on individual case circumstances. Possible sentencing the judge could prefer includes:

1. First Offense DUI

This is a misdemeanor offense that attracts the following penalties:

• A fine of at least $390 and at most $1,000

• Up to a 6-month jail sentence

• A six-month license suspension. During the suspension, you cannot use an ignition interlock device (IID), but you can obtain a restricted license after 30 days to drive to work for five months.

• Enrolling in a DUI program for three to nine months

2. Second Offense DUI

This misdemeanor crime carries penalties such as:

• Serving time in jail between 96 hours and one hour

• A fine of at least $390 and at most $1,000

• A one-year license revocation. You cannot use an ignition interlock device (IID) for two years. However, you can obtain a restricted license to drive to work after one year.

• Enrolling in a DUI program for 18 to 30 months (SB 38)

3. Third Offense DUI

This misdemeanor crime carries penalties such as:

• Serving time in jail between 120 days and one year

• A fine of at least $390 and at most $1,000

• A two-year driving privileges suspension, during which you cannot use an ignition interlock device (IID) for three years.

• Enrolling in a DUI program for 30 months

Punishment for a VC 23153 Violation

Causing someone else’s injury due to your drunk driving is considered a wobbler offense. You face misdemeanor or felony charges if arrested.

If convicted of a misdemeanor offense, possible penalties are:

• A fine of at most $5,000

• Compensating the injured persons

• Serving time in jail for at most one year

• Enrolling in a DUI program

• A three-year driving privileges suspension

• Informal or summary probation

Upon a felony conviction, you face the following penalties:

• A fine of at most $5,000

• Enrolling in a DUI program

• Serving time in jail for at most four years

• Under California’s Three Strikes Law, your sentence can be increased to a strike if you cause serious bodily injury to someone else.

• A five-year license revocation

• Having an HTO (Habitual Traffic Offender) status for three years

Punishment for Underage DUI

The penalty for a VC 23136 violation is suspension of your driving privileges. However, according to the law, VC 23140 functions as an infraction, and possible sentencing includes:

• Your driver’s license suspension

• A fine of $100

• Mandatory enrollment in a DUI school if above 18 years

A prior conviction of VC 23140 or standard DUI combined with a BAC of 0.10% or higher or refusal to test leads to vehicle impoundment for at least five days.

Punishment for DUI Murder

Upon facing a Watson murder conviction, you attract the following punishment:

• A fine not exceeding $10,000

• A 15-year imprisonment

• Being subject to California’s “Three Strikes” law

What California’s “Three Strikes” Law Entails

Through California Penal Codes 667(b)-(i) and 1170.12, the state's "Three Strikes" law establishes enhanced sentencing guidelines for serious or violent felons with multiple convictions. The law prevents repeat offenses by using increased punishment levels that build up with each felony conviction, which courts call "strikes."

Below is the structure of the Three Strikes Law explaining both the legal application and consequences of a DUI Watson murder conviction:

1. First Strike

According to Penal Codes 1192.7(c) and 667.5(c), a person convicted of a serious or violent felony receives first-strike status. The sentencing process for this offense follows standard guidelines without adding any Three Strikes enhancements.

2. Second Strike

Under PC 667(e)(1), the judge doubles the punishment time when defendants with one prior strike record commit another serious or violent felony. The new felony's mandatory sentencing period of 10 years becomes doubled to 20 years when the statute applies.

3. Third Strike

The law requires a 25-year to life prison term for defendants who have multiple prior strikes and commit any third serious or violent felony according to Penal Code 667(e)(2). The 2012 amendment to Proposition 36 restricted life sentences exclusively to serious or violent felonies that included firearm offenses, certain sex crimes, and drug quantities above thresholds.

Implied Consent Laws

California requires drivers to give consent to drug or alcohol testing through implied consent laws. These laws apply automatically when drivers operate vehicles in the state and subsequently face legal DUI arrest. Per implied consent laws, you must undergo a chemical test for blood alcohol level or drug presence after a lawful arrest for DUI. The approved chemical testing methods include breath, blood, and urine testing.

The consequences become severe when you refuse chemical testing following a lawful DUI arrest. When you decline a chemical test, the California Department of Motor Vehicles (DMV) can suspend your driving privileges immediately. The administrative penalties stand apart from any prison sentences the court decides for a DUI conviction.

The duration of a driver's license suspension resulting from chemical test refusal depends on their previous DUI offenses and the conduct surrounding the refusal. The DMV enforces extended suspension periods when a driver refuses testing after a prior DUI offense or multiple refusal incidents.

Administrative Hearings

The DMV provides administrative hearings. This is your chance to challenge their potential driving privilege actions. You can use administrative hearings to dispute actions such as license suspensions or revocations, driving record point accumulation, and medical reviews determining your fitness to drive.

You can prevent license suspension by requesting an administrative hearing to defend your case and submit relevant evidence. You can fight against negligent operator suspensions through a hearing process when you receive multiple traffic citations or points on your driving record.

When the DMV starts a medical review suspension because of driving fitness concerns about your condition, you can use a hearing to show that you can operate a vehicle safely. A failed or refused chemical test that leads to a DUI-related suspension triggers your right to petition for an administrative hearing. You can present evidence at the hearing while questioning witnesses as you make your case to the DMV hearing officer.

Legal Defenses to a DUI

With the help of your DUI attorney, you must build a strong defense strategy to combat DUI charges successfully. Your lawyer will evaluate the circumstances surrounding your arrest to find viable legal defenses that might protect you. These defenses include:

• Challenging the traffic stop. The Fourth Amendment protects you from unreasonable traffic stops and searches or seizures. Your lawyer will file a motion to challenge evidence obtained during an illegal traffic stop if the officer did not have valid grounds for the stop in the first place.

• Arguing a lack of probable cause for arrest. Police require probable cause to proceed with an arrest. You can challenge the arrest if the police lack enough evidence or violate established procedures.

• Challenging field sobriety test accuracy. The accuracy of field sobriety tests faces subjectivity because medical conditions combined with weather conditions and nervousness can influence these assessments. Your lawyer, who will prove your sobriety, can contest the tests' results.

• Challenging breath or blood test results. Your attorney can contest BAC evidence obtained from breath or blood tests if inaccurate. If the prosecutor uses your BAC test results to show intoxication, then your defense can challenge their validity. Your lawyer can question the testing equipment's accuracy and defend you against claims of equipment calibration errors and blood sample mishandling.

Find a Pasadena DUI Defense Attorney Near Me

Breaking any DUI law will trigger substantial legal consequences. Hiring a DUI attorney might help minimize your case's penalties and potential implications. Your attorney will defend you through the DMV hearings and criminal court system. We at the Pasadena Criminal Attorney stand prepared to defend your DUI charges. Our team can be reached at 626-689-2277 to arrange your case assessment.