California has two basic drunk driving laws, found in Vehicle Code section 23152, sections (a) and (b):
23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
State "Per se" BAC Level "Zero Tolerance" BAC Enhanced Penalty BAC "Implied Consent"
California .08 .01 .15 Yes
Proceedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:
There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.
State Administrative License Suspension/Revocation (1st/2nd/3rd Offense Mandatory Alcohol Education and Treatment/Assesment Vehicle Confiscation Possible? Ignition Interlock Device Possible?
California 4m/ 2y/ 3y Both (Education if under 21) Yes Yes
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses — but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death.
State "Per se" BAC Level "Zero Tolerance" BAC Enhanced Penalty BAC "Implied Consent"
California .08 .01 .15 Yes
Proceedurally, you should be aware of certain legal rights you have — rights which are commonly ignored by the police:
There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
You should be advised that submission to field sobriety testing and portable field breath testing is not required by law.
Once arrested, you must be advised of your constitutional rights — the "Miranda" warning — before any further questioning takes place.
You must be given a choice of breath or blood testing; if you refuse, you must be advised of the legal consequences (the "implied consent" advisement).
If a breath test is administered at the police station, since the breath sample is not saved, you must be given a chance to obtain a blood sample for later independent testing by your defense attorney.
State Administrative License Suspension/Revocation (1st/2nd/3rd Offense Mandatory Alcohol Education and Treatment/Assesment Vehicle Confiscation Possible? Ignition Interlock Device Possible?
California 4m/ 2y/ 3y Both (Education if under 21) Yes Yes
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.