In California, drunk driving laws are defined in Vehicle Code 23152. It’s called Driving under the Influence of Alcohol and/ or Drugs. We don’t advocate drinking and driving. However, understanding this law will help prepare you for any time you’re suspected of or arrested for DUI.
Six Primary Violations are listed in 23152
Anyone can be convicted of one or more of the following violations. Remember, some drivers think they can only be charged with DUI if their blood alcohol concentration, or BAC, level is above the legal limit. That’s false. You can be arrested and/ or charged with DUI even if you pass your breath or blood tests. Your DUI arrest rests on whether prosecutors and law enforcement believe there’s evidence you were under the influence of drugs and/ or alcohol and the following:
A person under the influence of any alcoholic beverage can’t drive a motor vehicle. It’s illegal to drive while drunk, but what does that mean? The term “under the influence” refers to alcohol impairing a driver’s normal abilities to operate a motor vehicle. To determine whether your driving abilities are impaired, the state uses:
- Field sobriety test results
- The observations of the officer who observed your driving behavior
It’s unlawful for an individual to have a BAC level of 0.08 percent or higher and operate a vehicle. Law enforcement typically administers a breath test or blood test after a DUI arrest. This is to determine your blood alcohol concentration, or BAC, level. California’s BAC level is 0.08 percent or higher. If one or more DUI tests yield a BAC at or higher than that amount, you can be arrested for DUI.
A commercial vehicle driver is considered under the influence of drugs and/ or alcohol when his or her BAC is 0.04 percent or higher. As defined in section 15210, commercial vehicle drivers who operate vehicles such as semi-trucks, buses and big rigs are held to a higher standard. That higher standard is a lower BAC than a non-commercial driver.
It’s illegal for anyone under the influence of any drugs to operate a motor vehicle. California takes drug DUI as serious as alcohol-related DUI. Any drug includes over-the-counter, street or prescription drugs. What the law doesn’t explain is how hard it is for a prosecutor to prove a drug-related DUI charge. There is no specialized field sobriety test to determine drug consumption.
It can be a crime for any individual to ingest a combination of alcoholic beverages and drugs then driver a motor vehicle. If the police officer arresting you believes you are under the influence of drugs and alcohol, you can be arrested.
Have you been arrested for DUI?
Jonathan Franklin is a defense attorney and former prosecutor. This gives him a unique perspective with respect to the nuances covering DUI law. In fact, the team of attorneys at the Law Offices of Jonathan Franklin are here to fight for you. Take the worry and stress of a DUI arrest out of your life by letting the attorneys at the Law Offices of Jonathan Franklin guide you through the legal process.
