DUI Laws Summary
In simplest terms, Vehicle Code 23152 states that it is against the law for any person under the influence of drugs and/or alcohol to operate a car or any other motor vehicle. The law continues on to state that a person who’s blood alcohol content is 0.08% or above is intoxicated and can no longer legally operate a motorized vehicle.
There are also a number of subdivisions within the Driving Under the Influence (DUI) vehicle code that prohibit drivers from operating a motor vehicle. A few of these subdivisions are listed and briefly explained below.
Subdivision C: Anyone who is addicted to a drug can not legally drive a car unless they are currently participating in a drug treatment program.
Subdivision D: This subdivision refers to the operation of a car, van, or truck that requires a commercial driver’s license. It states that it is illegal for any driver with a blood alcohol level of 0.04% or above to drive these vehicles.
Driving Under the Influence Vehicle Code 23152. (a)(b)(c)
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
Driving a Commercial Vehicle Under the Influence VC 23152 (d) (e) (f)
(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
Repealed Ch. 708, Stats. 1990. Effective January 1, 1991. Operative January 1, 1992. Amended Ch. 974, Stats. 1992. Effective September 28, 1992. Amended Sec. 31, Ch. 455, Stats. 1995. Effective September 5, 1995.
Understanding Driving Under the Influence (DUI)
Over the years, DUI laws have become more and more strict. The state has taken a strong stance on driving under the influence in the past few years and residents have sustained increasingly severe penalties when convicted of a drunk driving offense. In the wake of these changes, enlisting the help of an experienced attorney is in the best interest of anyone facing driving under the influence charges. RepresentYou is in a position to help. A number of criminal lawyers on our panel have years of experience fighting DUI arrests and may be able to help offset the impact of drinking and driving charges.
Arrests for drunk driving can lead to two different types of legal action. The first is the criminal action. If it is your first conviction, this action can result in a fine of up to $1,000 dollars and as many as 6 months in jail. Further conviction will result in more sever penalties. The second legal action is brought against you by the Department of Motor Vehicles and is a civil action. The result of a DUI civil action is a DMV mandated suspension of your license for up to 1 year. The penalties of each action, though, can be reduced and even dropped with the guidance of a competent lawyer.
A charge of driving under the influence (DUI) of drugs or alcohol can not be ignored and should be dealt with immediately. As with most legal matters time is of the essence and it is important to start taking steps toward resolving your legal matter now. The RepresentYou staff may be able to help. Whether you believe you need a lawyer or not, RepresentYou is a good starting point. We have a panel of criminal lawyers with experience fighting DUI charges. Upon contacting RepresentYou, you will be asked a series of basic questions about your specific case. If you decide that a lawyer may be necessary RepresentYou may connect your with one of our panel member attorneys and arrange a free initial consultation. From this point forward, you and your lawyer will decide the best course of action for your specific DUI matter.
VC 23152 DMV Hearings
As explained at the beginning of this article, a DUI arrest will not only result in a criminal proceeding but also a hearing with the DMV. The criminal proceeding is relatively straight forward in that it addresses the law itself and imposes punishments such as fines, jail time, and probation. The DMV hearing, on the other hand, is less familiar to most defendants and may require the help of a DUI attorney.
The police officer in charge of your DUI arrest will take your driver’s license and hand you a pink slip informing you that your license will be suspended. The pink slip is a 30-day temporary driver’s license but, more importantly, it states that you have a right to fight your license suspension through the process of a DMV hearing. However, the request for a hearing must be made within 10 days of your arrest. After 10 days you are no longer afforded the right to present your case to the DMV and you will lose you license.
A DMV hearing is much less formal than a criminal trial and is mediated by a DMV employee with little to no official training. That, of course, does not imply that these proceedings are not important. The outcome of your DMV hearing will likely determine whether or not you will have a driver’s license for an extended period of time. In other word, there is an awful lot to lose and you should prepare yourself for your hearing with the help of a DUI lawyer.
Next Steps After a Driving Under the Influence Arrest
RepresentYou’s panel of DUI defense attorneys must meet a strict and proven set of standards. As a result of these standards you can be sure that our staff will work to connect you with some of the most qualified attorneys. In addition to these standards our clients evaluate each of our attorneys with surveys and we take each and every complaint very seriously.
We are available 24 hours a day, 7 days a week so please to don’t hesitate to contact us with any and all DUI issues. Staff members can assist you in English, French, Portuguese and Spanish so do not hesitate to call toll-free at 1-888-973-7968 or submit your case online.