The California Vehicle Code Section 23152 defines what it means to drive under the influence. Here’s the new statute, effective January 2014:
§ 23152. (Effective January 1, 2014) Driving under the influence
DUI with bad driving : (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
DUI with .08 alcohol level (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
DUI as an addict (c) It is unlawful for a 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 an approved narcotic treatment program.
DUI driving in commercial vehicle (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle.
DUI with drugs (e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
DUI with drugs and alcohol (f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
Changes in California DUI Laws Affect drivers in California. The Butte County court has new plea forms articulating these laws. Drugged driving is more common on California roads and highways than drunk driving, according to a 2012 study commissioned by the California Office of Traffic Safety.
The survey of more than 1,300 anonymous volunteers showed that 14 percent of drivers tested positive for drugs that may impair driving compared to just 7.3 percent who tested positive for alcohol. Of those who tested positive for drugs, marijuana was the most prevalent at 7.4 percent, slightly more than alcohol.
“These results reinforce our belief that driving after consuming potentially impairing drugs is a serious and growing problem,” the Office of Traffic Safety Director said in a statement.
Consequences of Driving Under the Influence in California :
Penalties for driving under the influence remain unchanged. If you are convicted of a misdemeanor, you still face:
3-5 years Probation;
Up to one year in jail;
Approx. $2,000 in fines .
A mandatory minimum 6-month suspension of your driver’s license;
A mandatory minimum 3-month alcohol education program (“DUI school”).
California DUI law applies to any drug, even if the drugs are prescriptions taken as prescribed. The drugs can also be illegal, or even over-the-counter. A Chico DUI Lawyer will evaluate your case, and make a defense plan for you.
The prosecutor must show that you were driving, and impaired by the alcohol or drugs in your system.
You can be stopped by police even if your driving was good. For example, a license plate light was out, or even if you were not seen driving, but are standing outside the car while it’s broken down. Your Butte County DUI Attorney knows the law, the exceptions to the law, and the burdens of proof needed to defend your case.
CALIFORNIA DUI LAW REQUIRES THE BAC USED AGAINST YOU TO BE AT THE TIME YOU WERE DRIVING, NOT ½ HR. LATER AT THE JAIL, OR AN HOUR LATER IN A BLOOD TEST. WE CAN FILE THE APPROPRIATE MOTIONS TO INSPECT THE CALIBRATION OF THE EQUIPMENT USED TO MEASURE YOUR ALCOHOL LEVELS.
KNOW THE DUI LAWS:
ALL DRIVERS – Blood Alcohol Limit = 0.08% In the State of California it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.
PROBATION - BAC LIMIT = 0.01% It is a crime for persons on probation for violating DUI laws to drive with a BAC (blood alcohol content - concentration) of 0.01% or above.
MINOR (under the age of 21) - BAC LIMIT = 0.01% It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.01% or above.
MINOR (under the age of 18) - BAC LIMIT = 0.00% - ZERO TOLERANCE It is a crime for persons under 18 years of age to drive with a BAC (blood alcohol content - concentration) of 0.00% or above (zero tolerance).
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%It is a crime for drivers of commercial vehicles to drive with a BAC (blood alcohol content - concentration) 0.04% or above.
We have successfully agrued for dismissal, a lower blood alcohol level, house arrest, and community service to help pay for fines. Let us advocate for you!