DUI Charges

The State of California’s laws regarding driving under the influence can be found in Vehicle Code section 23152. The law states that it is unlawful to operate a motor vehicle while under the influence of drugs or alcohol under the following sections:

• 23152(a), ~driving while under the influence of Alcohol or Drugs.
• 23152(b), ~driving with a blood alcohol level of 0.08 percent or more of alcohol in his or her blood while operating a motor vehicle.
• 23152(c), ~driving while addicted to any drug.
• 23152(d), ~driving a commercial vehicle with a blood alcohol level of 0.04 percent or more.
• 2315d(e), ~driving with a blood alcohol level of 0.04 percent or more when a passenger for hire is a passenger in the vehicle at the time of the offense.
• 23152(f), ~ driving under the influence of any drug
• 23152(g), ~ driving under the combined influence of any alcoholic beverage and drug to drive a vehicle.

While most DUI offenses are classified as misdemeanors, if an injury occurred to another individual as a result of the offense, much stiffer penalties may be imposed. DUIs which involve injuries may be classified as either a misdemeanor or felony Vehicle Code section 23153, depending on the nature of the injuries involved. The increased severity of the charges also means an increased severity in sentencing including jail time in California State Prison.

DUI Fatalities

If a fatality occurs as a result of a DUI, the driver is charged under the State of California’s murder or vehicular manslaughter laws.